04-27-2005 MinutesBOARD OF SUPERVISORS
MINUTES
April 27, 2005
Supervisors in Attendance:
Mr. Edward B. Barber, Chairman
Mr. R. M. ~Dickie" King, Jr.,
Vice Chairman
Mrs. Renny Bush Humphrey
Mr. Kelly E. Miller
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
School Board Member in
Attendance:
Mr. Marshall Trammell
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Kevin Bruny, Dean
Chesterfield University
Ms. Jana Carter, Dir.,
Youth Planning
and Development
Ms. Marilyn Cole, Asst.
County Administrator
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr Charles Dane, Manager,
County Airport
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr James Dunn, Dir.,
Economic Development
Mr William Dupler,
Building Official
Mr Robert Eanes, Asst. to
the County Administrator
Ms Lisa Elko, CMC,
Clerk
Mr Jeff Franklin, Asst.
Dir., Utilities
Mr Michael Golden, Dir.,
Parks and Recreation
Mr Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Ms. Pat Kizzie, Asst.
Dir., Social Services
Ms. Mary Lou Lyle, Dir.,
Accounting
Chief Paul Mauger,
Fire and EMS Dept.
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
05-310
Mr. Steven L. Micas,
County Attorney
Major Ronald O'Sheilds,
Sheriff's Office
Mr. Francis Pitaro, Dir.,
Genera]. Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Barber called the regularly scheduled meeting to order at
4:04 p.m.
1. APPROVAL OF MINUTES FOR APRIL 13, 2005
On motion of Mr. Miller, seconded by Mr'. King, the Board
approved the minutes of April 13, 2005, as submitted.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey stated bids for purchasing Chesterfield County
Certificates of Participation were received this morning, and
Board approval is necessary to accept the low bid at the
specified interest rate.
Mr. Barber stated the Board will consider Item 8.A. at this
time.
8.A. ACCEPTANCE OF A BID TO PURCHASE CHESTERFIELD COUNTY
CERTIFICATES OF PARTICIPATION, SERIES 2005A-C, RELATED
TO FINANCING FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
Ms. Dickson stated bids were received today for purchasing
Chesterfield County Certificates of Participation, Series
2005A-C, related to financing for various capital improvement
projects.. She further stated the lowest responsible bidder
was Citygroup Global Markets, Incorporated at a true interest
cost of 3.9 percent.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
accepted and approved a proposal from Citygroup Global
Markets, Incorporated, at a true interest cost of 3.9
percent, to purchase (adjusted as permissible in accordance
with the terms of the preliminary official statement)
$4,300,000 principal amount of Certificates of Participation,
Series 2005A, $8,590,000 principal amount of Certificates of
Participation, Series 2005B, and $1,245,000 principal amount
of Certificates of Participation, Series 2005C, in connection
with 'the planned Certificates of Participation financing for
the Police Property/Evidence Storage Faci].ity, the Community
Development Building, Airport Hangar Project and the
Finance/Human Resources Information System..
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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0~/27/05
o MODEL COUNTY C, OVERNMENT DAY
Mr. Ramsey stated the county is pleased to host Model
Government Day again this year.
Ms. Carter stated tomorrow is Model County Government Day and
43 students will participate by shadowing a county official.
Each student and five advisors came forward and introduced
themselves. Ten of the students were seated with the Board
members, County Administrator and the Clerk and participated
in today's meeting.
Mr. Barber thanked the students and
participating in Model County Government Day.
advisors for
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHAN~ES IN THE
ORDER OF PRESENTATION
On motion of Mr. King, seconded by Mr. Miller, the Board
added Item 8.C.l.g., Adoption of Resolution Recognizing May
1-7, 2005, as ~Arson Awareness Week" in Chesterfield County;
added Item 8.C.6.f., Set Date for Public Hearing to Consider
Amending the Public Facilities Plan, an Element of the Plan
for Chesterfield, Relative to Schools; added Item 8.C.6.g.,
Set Date for Public Hearing to Consider the Donation of 21.9
Acres, More or Less, at the Courthouse Complex to the Health
Center Commission for the County of Chesterfield; added Item
8.C.9., Approval of Street-Name Change; added Item 8.C.10.,
Request to Quitclaim a Fifty-Foot Drainage Easement and a
Temporary Turnaround Easement Across the Property of Savage
and Lennon, Incorporated; Added Item 8.C.11., Initiation of
Zoning Application for Middle School Site at the Centerpointe
Project; and adopted the Agenda, as amended.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
o RECO~NIZIN~ MAY 2005, AS "OLDER AMERICANS MONTH" IN
CHESTERFIELD COUNTY
Mr. Hammer introduced Dr. Thelma Bland-Watson, Executive
Director of Senior Connections, the Capital Area Agency on
Aging, and representatives from various organizations that
provide services and programs for older residents.
Dr. Watson expressed appreciation to the Board for
recognizing ~Older Americans Month." She stated older
citizens serve as role models for our youth. She thanked the
Board for creating the office of the Senior Advocate and
expressed appreciation for the work of Ms. Diane Peterson,
Senior Advocate.
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On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is home to more than 38,240
residents aged 60 years or older; and
WHEREAS, each community in America must strive to
recognize the contributions of our older citizens, understand
and address their evolving needs, and support their
caregivers; and
WHEREAS, our society is dependent upon intergenerational
cooperation and support, and benefits from our collaborative
efforts to serve older Americans and the people who love
them; and
WHEREAS, this year marks the 40th anniversary of the
passage of the Older Americans Act by the United States
Congress; and
WHEREAS, the 2005 theme for Older Americans Month,
"Celebrating Long-Term Living," has been chosen to recognize
and honor the valuable contributions of older adults to their
communities as they age; and
WHEREAS, Senior Connections, The Capital Area Agency on
Aging has set aside May 2005 to recognize and celebrate older
adults in Planning District 15 and celebrate their
contributions; and
WHEREAS, Chesterfield TRIAD has declared May 4th as
Senior Day to be celebrated at the Chesterfield County
Fairgrounds Exhibition Building from 9:00 a.m. to 1.:00 p.m.;
and
WHEREAS, Older Americans Month acknowledges and salutes
the invaluable experience, wisdom and service that older
residents contribute to Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of April 2005,
publicly recognizes May 2005, as ~Older ~ericans Month" in
Chesterfield County, expresses appreciation to all of its
older citizens for their lifelong contributions, and also
expresses appreciation to the organizations and Chesterfield
County departments who serve older adults and wishes them
continued success in all their efforts on behalf of our older
residents.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
An executed copy of the resolution was presented to each of
the representatives present.
Mr. Miller expressed appreciation for each of the
representatives' contributions to the county's senior
citizens.
6. WORK S~SSIONS
There were no work sessions at this time.
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7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.B. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Camp Baker Management Board and the Riverside Regional
Jail Authority.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8 .B. 1. CAMP BAKER MANAGEMENT BOARD
On motion of Mr. Miller, seconded by Mr. Barber, the Board
simultaneously nominated/reappointed Mr. James Lumpkin,
representing the Dale District, to serve on the Camp Baker
Management Board, whose term is effective May 1, 2005 and
expires April 30, 2008.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.B.2. RIVERSIDE REGIONAL JAIL AUTHORITY
On motion of Mr. Miller, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Mr. James J. L. Stegmaier
to fill the remainder of Mr. Lane B. Ramsey's term as a
member of the Riverside Regional Jail Authority, which
expires on June 30, 2006, by adopting the following
resolution:
WHEREAS, Chapter 726 of the 1990 Acts of Assembly
created the Riverside Regional Jail Authority (hereinafter
~the Authority); and
WHEREAS, that legislation stated that members of the
Authority shall serve four year terms; and
WHEREAS, on June 26, 2002, the Board appointed Lane B.
Ramsey to serve a four-year term from July 1, 2002 through
June 30, 2006 and also appointed Mary Ann Curtin to serve as
Mr. Ramsey's alternate member during the entirety of the
four-year term; and
WHEREAS, scheduling conflicts make it impossible for Mr.
Ramsey to attend upcoming meetings of the Authority; and
WHEREAS, in order to ensure that Chesterfield County
maintains full representation at future meetings of the
Authority, the Board now wishes to replace Mr. Ramsey with
another appointee to serve the remainder of Mr. Ramsey's
four-year term.
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NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Chesterfield County that Lane B. Ramsey is
replaced as Chesterfield County's representative on the
Authority Board by James J. L. Stegmaier, who shall serve the
remainder of Mr. Ramsey's four-year term, to expire on June
30, 2006, and that Mary Ann Curtin shall continue to serve as
alternate member during the remainder of the four-year term.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1.&. RECOGNIZING MRS. JOAN B. NORFLEET, SOCIAL SERVICES,
UPON HER RETIREMENT
On motion of Mr. Warren, seconded by Mr.. Miller, the Board
adopted the following resolution:
WHEREAS, Mrs. Joan B. Norfleet began her career in
public social services thirty years ago and has been with
Chesterfield County in the field of Child Protective Services
since May 15, 1984; and
WHEREAS, in her roles as a social worker, senior social
worker and supervisor, Mrs. Norfleet has worked diligently
with individuals, families and the community to provide
advocacy and excellent services that protect the well-being
of children; and
WHEREAS, throughout her career, Mrs. Norfleet has served
as sponsor for Parent's Anonymous self help group, was a
professional resource for Theater IV in the development of
the musical drama ~Hugs and Kisses," which deals with child
sexual abuse; and organized a group for sexual abuse victims;
and
WHEREAS, Mrs. Norfleet was actively involved in the
Chesterfield-Colonial Heights Multidisciplinary Child Abuse
and Neglect Team; was in the leadership role on the Sex Abuse
Task Force that developed the County Response Protocol;
represented the Department on the Domestic Violence Task
Force and on the Fatality Review Team; and has served on
numerous state and county committees; and
WHEREAS, Mrs. Norfleet has been a strong leader who was
committed to the vision, mission and values of the
department; and
9~EREAS, Mrs. Norfleet has been a role model of teamwork
and professionalism for her colleagues in and outside of
Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Joan B. Norfleet, expresses the
appreciation of all residents for her service to the county,
and offers congratulations upon her retirement.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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8.C.l.b. RECOGNIZING MAY 1-7, 2005, AS "MUNICIPAL CLERKS
WEEK"
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the Office of the Municipal Clerk, a time
honored and vital part of local government, exists throughout
the world; and
WHEREAS, the Office of the Municipal Clerk is the oldest
among public servants; and
WHEREAS, the Office of the Municipal Clerk provides the
professional link between the citizens, the local governing
bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever
mindful of their neutrality and impartiality, rendering equal
service to all; and
WHEREAS, Municipal Clerks serve as the information
center on functions of local government and the community;
and
WHEREAS, Municipal Clerks continually strive to improve
the administration of the affairs of the Office of the
Municipal Clerk through participation in educational
programs, seminars, workshops and the annual meetings of
their state, province, county and international professional
organizations; and
WHEREAS, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the week of May 1-7,
2005, as "Municipal Clerks Week" and extends their
appreciation to Chesterfield's Municipal Clerks, Mrs. Lisa
Elko, CMC and Mrs. Janice Blakley, CMC, and to all Municipal
Clerks for the vital services they perform and for their
exemplary dedication to the communities they represent.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.l.c. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD
8.C.l.c.1.
8.C.l.c.2.
8.C.l.c.3.
8.C.l.c.4.
AWARD
MS. RACHEL GIBSON
MS. AVONDA TURNER
MS. HANA REED
MS. JEANETTE GRAY
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
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WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in tlhe areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Ms. Rachel Patrice Gibson, Ms. Avonda Lartice
Turner, Ms. Hana Rebecca Reed and Ms. Jeanette Renee Gray,
all of Troop 927, sponsored by Grace Lutheran Church, have
accomplished these high standards and have been honored with
the Girl Scouts of America Gold Award by the Commonwealth
Girl Scout Council of Virginia; and
WHEREAS, growing through their e)~eriences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding themselves on the great accomplishments of their
country, Rachel, Avonda, Hana and Jeanette are indeed members
of a new generation .of prepared young citizens of whom we can
all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Rachel Patrice
Gibson, Ms. Avonda Lartice Turner, Ms. Hana Rebecca Reed and
Ms. Jeanette Renee Gray, extends congratulations on their
attainment of the Gold Award and acknowledges the good
fortune of the county to have such outstanding young women as
its citizens.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.l.d.
RECOGNIZING MAY 15-21, 2005, AS UNATIONAL LAW
ENFORCEMENT WEEK"
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's eight strategic
goals is "to be the safest and most secure community compared
to similar jurisdictions"; and
WHEREAS, no human aspiration is more fundamental and
important than safety of family, self and others whom we hold
dear; and
WHEREAS, the dedicated, loyal and brave members of the
various law enforcement agencies that operate in Chesterfield
County provide an invaluable service to all citizens; and
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WHEREAS, this service, provided 24 hours a day and 365
days a year, is part of the foundation upon which our quality
of life rests; and
WHEREAS, during a time of war overseas and heightened
risks of terrorist attacks on our homeland, law enforcement
agencies are doing everything within their means to provide
for the security of our nation during these trying times; and
WHEREAS, the week of May 15-21, 2005, is widely
recognized across the nation as ~National Law Enforcement
Week" and will honor the 155 law enforcement officers who
gave their lives in 2004 in the line of duty; and
WHEREAS, Chesterfield County is proud and honored to
have such outstanding and professional individuals serving as
law enforcement officers in the county to protect the health,
safety and welfare of its citizenry.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
15-21, 2005, as "National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its citizens.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.l.e.
RECOGNIZING FIREFIGHTERMELVIN M. WHITLOCK,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, Firefighter Max Whitlock will retire from the
Fire and Emergency Medical Services Department, Chesterfield
County, on July 1, 2005; and
WHEREAS, Firefighter Whitlock was hired on September 1,
1981, attended Recruit School #12 in 1982 and has faithfully
served the county for nearly twenty-four years in various
assignments as a Firefighter at the Midlothian Fire and EMS
Station; as a Firefighter at the Manchester Fire and EMS
Station; as a Firefighter at the Bensley Fire and EMS
Station; and as a Firefighter at the Buford Fire and EMS
Station; and
WHEREAS, in service to the citizens of Chesterfield
County over the course of his career, Firefighter Whitlock
has assisted in educating others in fire safety and accident
prevention and responded to hundreds of fire and medical
emergencies providing for protection of both life and
property, all the while offering assistance, comfort, and
compassionate care.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Melvin ~Maxey" Whitlock, expresses the
appreciation of all residents for his service to the county,
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and extends appreciation for his dedicated service and
congratulations upon his retirement°
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.l.f.
RECOGNIZING THE WEEK OF MAY 15-21, 2005, AS
"BUSINESS APPRECIATION WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, Chesterfield County has a thriving base of
business and industry to support the local economy; and
WHEREAS, these businesses are both domestically and
internationally based and range in size from very small
entrepreneurial companies to large companies employing more
than 2,800 people; and
WHEREAS, these businesses provide essential employment
opportunities for the citizens of Chesterfield County; and
WHEREAS, nearly $48.05 million has been invested and 710
new jobs created by industry thus far in Fiscal Year 2004-
2005, with the total impact of county businesses being an
integral part of the local economy and vital to supporting
the high quality of life enjoyed by Chesterfield residents;
and
~HEREAS, business tax revenues are critical in
offsetting the cost of county-provided services required by
our rapidly growing residential sector, in addition to
industry taking an active role in making the community a
better place through their commitment to charitable
organizations, schools, recreation and other worthwhile
endeavors.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby expresses its gratitude on
behalf of county residents to all businesses and industry
located in Chesterfield for their contributions over many
years by recognizing May 15-21, 2005, as "Business
Appreciation Week."
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.1.~. RECOGNIZING MAY 1-7, 2005, AS "ARSON AWARENESS
~EK" IN CHESTERFIELD COUNTY
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, arson is a crime that threatens the safety of
the entire community; and
WHEREAS, arson negatively impacts community growth and
development in Chesterfield County due to increased monies
and resources needed to combat this problem, including the
police department, mental health, schools, hospitals, social
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services, and the media, in addition to the fire department;
and
WHEREAS, the crime of arson has the highest rate of
juvenile involvement of all other crimes; and
WHEREAS, juvenile arson results in over 300 deaths and
3,000 injuries every year and $300 million in property
damage; and
WHEREAS, most of the 300 deaths annually are the same
young children setting the fires; and
WHEREAS, the Arson Awareness Week theme, ~Juvenile Arson
Prevention" teaches the community that information,
intervention and treatment programs for juvenile firesetters
can help prevent this very preventable tragedy.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the week of May 1-7,
2005, as "Arson Awareness Week."
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors calls upon the people of Chesterfield County to
participate in fire safety and prevention by working jointly
with Chesterfield Fire and EMS to create and encourage
community awareness and understanding towards reducing the
number of juvenile set fires.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.2. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT
THE CHESTERFIELD COUNTY FAIRGROUNDS ON JULY 4, 2005
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from the Chesterfield County Parks and
Recreation Department for a permit to stage a fireworks
display at the Chesterfield County Fairgrounds on July 4,
2005, with no rain date.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.3. TRANSFER ANDAPPROPRIATION OF ADDITIONAL FUNDS,
AUTHORIZATION TO PROCEED WITH RIGHT-OF-WAY
ACQUISITION, AND AUTHORIZATION TO AWARD A
CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF ROUTE
360 WESTBOUND LANES FROM ROUTE 288 TO OLD HUNDRED
ROAD
On motion of Mr. Warren, seconded by Mr. Miller, the Board
transferred $40,000 from the completed Route 360 Eastbound
Lane Fill-in-the-Gap project; appropriated $270,000 in road
cash proffers (Sheds 6, 11, 12 - $90,000 each) for the
construction of additional westbound lanes on Route 360 from
Route 288 to Old Hundred Road; authorized staff to proceed
with the right-of-way acquisition, including advertisement of
an eminent domain public hearing if necessary; and authorized
the County Administrator to award a construction contract, up
to $200,000, to the lowest responsible bidder.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
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8.C.4. STATE ROAD ACCEPTANCE
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established, by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as. described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
Tredegar Lake Parkway
Tredegar Lake Parkway, State Route Number: 5870
Charter Colony Parkway (Rt. 754)
0.02 Mi. E of Charter Colony Parkway (Rt. 754), a distance of: 0.02 miles.
Right-of-way record was filed on 10/16/2003 with the Office Of Clerk To Circuit Court irt Db. 5432; Pg.
253, with a width of Variable
· Tredegar Lake Parkway, State Route Number: 5870
From: 0.02 Mi. E of Charter Colony Pkwy., (Rt. 754)
To: Existing Waterford Lake Dr., (Rt. 4535), a distance of: 0.35 miles.
Right-of-way record was filed on 10/16/2003 with the Office Of Clerk To Circuit Court in Db. 5432; Pg.
253, with a width of 66 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
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streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
Hampton Park, Section 14
Hampton Chase Way, State Route Number: 5821
Hampton Green Dr., (Rt. 5383)
0.08 Mi. N of Hampton Green Dr., (Rt. 5383), a distance of: 0.08 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Circuit Court in Pb. 128; Pg. 87,
with a width of 50 Ft.
· Hampton Green Drive, State Route Number: 5383
From: Hampton Chase Wy., (Rt. 5821)
To: 0.05 Mi. E of Hampton Chase Wy., (Rt. 5821), a distance of: 0.05 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Circuit Court in Pb. 128; Pg. 87,
with a width of 40 Ft.
· Hampton Green Drive, State Route Number: 5383
From: Hampton Green Dr., (Rt. 5383)
To: Hampton Chase Wy., (Rt. 5821), a distance of: 0.18 miles.
Right-of-way record was filed on 9/4/2002 with the Office Of Clerk To Circuit Court in Pb. 128; Pg. 87,
with a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk' s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
05-322
04/27/05
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
~ND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
i~ND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Qualla Farms, Section F
· Charter Oak Drive, State Route Number: 5722
From: Stockport Dr., (Rt. 5721)
To: Dunroming Rd., (Rt. 5726), a distance of: 0.13 miles.
Right-of-way record was filed on 1/10/2003 with the Office Of Clerk To Cimuit Court in Pb. 131; Pg. 45,
with a width of 47 Ft.
· Charter Oak Drive, State Route Number: 5722
From: Dunroming Rd., (Rt. 5726)
To: Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 1/10/2003 with the Office Of Clerk To Cimuit Court in Pb. 131; Pg~ 45,
with a width of 40 Ft.
· Dunroming Road, State Route Number: 5726
From: Charter Oak Dr., (Rt. 5722)
To: 0.09 Mi. E of Charter Oak Dr., (Rt. 5722), a distance of: 0.09 miles.
Right-of-way record was filed on 1/10/2003 with the Office Of Clerk To Cimuit Court in Pb. 131; Pg. 45,
with a width of 40 Ft.
· Stockport Court, State Route Number: 5724
From: Stockport Dr., (Rt. 5721)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 1/10/2003 with the Office Of Clerk To Cimuit Court in Pb. 131; Pg. 45,
with a width of 40 Ft.
· Stockport Drive, State Route Number: 5721
From: Qualla Rd., (Rt. 653)
To: Charter Oak Dr., (Rt. 5722), a distance of: 0.25 miles.
Right-of-way record was filed on 1/10/2003 with the Office Of Clerk To Circuit Court in Pb. 131; Pg. 45,
with a width of 50 Ft.
05-323
04/27/05
·
From:
To:
Stockport Drive, State Route Number: 5721
Charter Oak Dr., (Rt. 5722)
0.06 Mi. E of Charter Oak Dr. (Rt. 5722), a distance of: 0.06 miles.
Right-of-way record was filed on 1/10/2003 with the Office Of Clerk To Cimuit Court in Pb. 131; Pg. 45,
with a width of 50 Ft.
· Stockport Place, State Route Number: 5723
From: Stockport Dr., (Rt. 5721)
To: Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 1/10/2003 with the Office Of Clerk To Circuit Court in Pb. 131; Pg. 45,
with a width of 40 Ft.
· Stockport Turn, State Route Number: 5725
From: Stockport Dr., (Rt. 5721)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 1/10/2003 with the Office Of Clerk To Circuit Court in Pb. 131; Pg. 45,
with a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Chanae to the Secondary System of State Highways: Addition
Basis for Change:
Statutory Reference:
Project:
From:
Addition, New subdivision street
§33.1-22~
Sterling Cove at The Highlands, Section 2
Colorstone Place, State Route Number: 5873
Sterling Cove Dr., (Rt. 5198)
05-32&
04/27/05
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was flied on 8/13/2005 with the Office Of Clerk To Circuit Court. in Pb. 135; Pg. 95,
with a width of 50 Ft.
· Sterling Cove Drive, State Route Number: 5198
From: Sterling Cove PI., (Rt. 5871)
To: Sterling Tide Ct., (Rt. 5872), a distance of: 0.02 miles.
Right-of-way record was filed on 8/13/2003 with the Office Of Clerk To Circuit Court. in Pb. 135; Pg. 95,
with a width of 50 Ft.
· Sterltng Cove Drive, State Route Number: 5198
From: Sterling Tide Ct., (Rt. 5872)
To: Colorstone PI., (Rt. 5873), a distance of: 0.10 miles.
Right-of-way record was filed on 8/13/2003 with the Office Of Clerk To Circuit Court in Pb. 135; Pg. 95,
with a width of 50 Ft.
· Sterling Cove Drive, State Route Number: 5198
From: Colorstone PI., (Rt. 5873)
To: 0.07 Mi. E of Colorstone PI., (Rt.. 5873), a distance of: 0.07 miles.
Right-of-way record was filed on 8/13/2003 with the Office Of Clerk To Circuit Court. in Pb. 135; Pg. 95,
with a width of 50 Ft.
· Sterling Cove Place, State Route Number: 5871
From: Sterling Cove Dr., (Rt. 5198)
To: Cul-de-sac, a distance of: 0.32 miles.
Right-of-way record was filed on 8/13/2003 with the Office Of Clerk To Circuit Court. in Pb. 135; Pg. 95,
with a width of 50 Ft.
· Sterling Tide Court, State Route Number: 5872
From: Sterling Cove Dr., (Rt. 5198)
To: Cul-de-sac, a distance of: 0.12 miles.
Right-of-way record was filed on 8/13/2003 with the Office Of Clerk To Circuit Court. in Pb. 135; Pg. 95,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
NOW, THEREFORE, BE
the Virginia Department
described below to the
Engineer for the Virginia
has advised this Board the
established by the Subdivision
the Virginia Department of
IT RESOLVED, that this Board requests
of Transportation to add the streets
secondary system of state highways,
05-325
04/2?/05
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills
AND, BE IT FURTHER RESOLVED,
this resolution be forwarded to the Resident
Virginia Department of Transportation.
Tvoe Chanae to the Secondary System of State Highways: Addition
Basis for Change: Addition, New eubdivision street
Statutory Reference: §33.1-229
Project: The Woods At Summerford, Section A
· Orchid Court, State Route Number: 5838
From: Orchid Dr., (Rt. 5~37)
To: Cul de sac, a distance of: 0.03 miles.
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width of 40 Ft.
· Orchid Drive, State Route Number: 5837
From: Prince James Dr., (Rt. 5833)
To: Orchid Ct., (Rt. 5838), a distance of: 0.08 miles.
Right-of-way record was flied on 3/25/2002 with the Land Records Office in Pb. 124, Pg. 81,
with a width of 50 Ft.
· Orchid Drive, State Route Number: 5837
From: Orchid Ct., (Rt. 5838)
To: Orchid Tr., (Rt. 5839), a distance of: 0.07 miles.
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width of 50 Ft.
· Orchid Drive, State Route Number: 5837
From: Orchid Tr., (Rt. 5839)
To: 0.02 Mi. E of Omhid Tr., (Rt. 5839), a distance of: 0.02 miles.
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width of 50 Ft.
· Orchid Terrace, State Route Number: 5839
From: Orchid Dr., (Rt. 5837)
To: Cul de sac, a distance of: 0.05 miles.
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width of 40 Ft.
· Prince Jamee Court, State Route Number: 5835
From: Prince James Dr., (Rt. 5833)
To: Cul de sac, a distance of: 0.03 miles.
05-326
and drainage.
that a certified copy of
Engineer for the
04/27/05
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a widlh of 40 Ft.
· Prince James Drive, State Route Number: 5833
From: Springford Pkwy., (Rt. 5717)
To: Orchid Dr., (Rt. 5837), a distance of: 0.06 miles.
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width of 50 Ft.
· Prince James Drive, State Route Number: 5833
From: Orchid Dr., (Rt. 5837)
To: Prince James PI., (Rt. 5834), a distance of: 0.02 miles.
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width o! 50 Ft.
· Prince James Drive, State Route Number: 5833
From: Prince James PI., (Rt. 5834)
To: Prince James Ct., (Rt. 5835), a distance of: 0.08 miles.
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width of 50 Ft.
· Prince James Drive, State Route Number: 5833
From: Prince James Ct., (Rt. 5835)
To: Prince James Tr., (Rt. 5836), a distance of: 0.06 miles.
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width of 50 Ft.
· Prince James Drive, State Route Number: 5833
From: Prince James Tr., (Rt. 5836)
To: 0.03 Mi. E of Prince James Tr., (Rt. 5836), a distance of: 0.03 miles.
Right-of-way record was flied on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width of 50 Ft.
· Prince James Place, State Route Number: 5834
From: Prince James Dr., (Rt. 5833)
To: Cul de sac, a distance of: 0.08 miles.
Right-of-way record was filed on 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a widtl~ of 40 Ft.
· Prince James Terrace, State Route Number: 5836
From: Prince James Dr., (Rt. 5833)
To: Cul de sa(;, a distance of: 0.13 miles.
Right-of-way record was filed orJ 3/25/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 81,
with a width of 40 Ft.
05-327
04/2?/05
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
T, ype Change to the Secondary System of State Highways: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
North Otterdale Road, Extension
North Otterdale Road (extension), State Route Number: 970
North Otterdale Rd., (Rt. 970)
0.32 Mi. W on North Otterdale Rd., (Rt. 970), a distance of: 0.32 miles.
Right-d-way reco~ was fil~ on 1~7/2003 with the Off~e ~ CleA ~ Cimuit Court in Db. 4883; Pg. ~2,
win a width of 70 R.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.5. AUTHORIZE THE CHESTERFIELD FIRE AND EMERGENCY MEDICAL
SERVICES DEPAR~NT TO RECEIVE AND APPROPRIATE FUNDS
FROM AN ANONYMOUS DONOR
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the Fire and Emergency Medical Services Department
to receive and appropriate $25,000 in funds from an anonymous
donor for the purpose of replacing the department's current
atmospheric gas monitors which are obsolete and no longer
serviceable.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-328
04/27/05
8.C.6. SET DATES FOR PUBLIC HEARINGS
8.C.6.&. TO CONSIDER AN ORDINANCE TO ESTABLISH THE ~BECKHAM
DRIVE SEWER ASSESSMENT DISTRICT"
On motion of Mr. Warren, seconded by Mr. Miller, the Board
set the date of May 25, 2005 at 7:00 p.m. for a public
hearing for the Board to consider an ordinance to establish
the "Beckham Drive Sewer Assessment District."
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.6.b.
TO APPROPRIATE ADDITIONAL FUNDS FOR RAYON PARK
WASTEWATER IMPROVEMENTS PROJECT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
set the date of May 25, 2005 at 7:00 p.m. for a public
hearing for the Board to consider the appropriation of
$800,000 in additional funds from the Utilities fund balance;
authorization for staff to recommend annual Community
Development Block Grant reimbursement of funds in incremental
amounts of $132,000; and authorization for the County
Administrator to execute all necessary documents.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.6.C.
TO CONSIDER THE RESTRICTION OF THROUGH TRUCK
TRAFFIC ON FOX CLUB PARKWAY AND FOX CLUB ROAD
On motion of Mr. Warren, seconded by Mr. Miller, the Board
set the date of May 25, 2005 at 7:00 p.m. for a public
hearing for the Board to consider the restriction of through
truck traffic on Fox Club Parkway and Fox Club Road from
Route 360 to Woolridge Road.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.6.d.
TO CONSIDER LEASE OF SPACE IN FIRE STATION 15
LOCATED AT 7300 AIRFIELD DRIVE TO PETROLEUM
HELICOPTERS, INCORPORATED FOR EMERGENCY MEDICAL
TRANSPORT SERVICE
On motion of Mr. Warren, seconded by Mr. Miller, the Board
set the date of May 25, 2005 at 7:00 p.m. for a public
hearing for the Board to consider lease of space in Fire
Station 15 located at 7300 Airfield Drive to Petroleum
Helicopters, Incorporated for medical facility-to-facility
transport service.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-329
04/27/05
8.C.6.e. TO CONSIDER THE APPROPRIATION OF FUNDS IN FEDERAL
AND STATE FUNDS FOR VARIOUS SOCIAL SERVICE PRO~RAMS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
set the date of May 25, 2005 at 7:00 p.m. for a public
hearing for the Board to consider the appropriation of
$1,172,075 in federal and state funds for various social
service programs.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.6.g. TO CONSIDER THE DONATION OF 21.9 ACRES, MORE OR
LESS, AT THE COURTHOUSE COMPLEX TO THE HEALTH
CENTER COMMISSION FOR THE COUNTY OF CHESTERFIELD
On motion of Mr. Warren, seconded by Mr. Miller, the Board
set the date of May 25, 2005 at 7:00 p.m. for a public
hearing for the Board to consider the donation of 21.9 acres,
more or less, at the Courthouse Complex to the Health Center
Commission for the County of Chesterfield.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.7. REQUESTS FOR PEP/~ISSION
8.C.7.a. FROM SCOTT A. POWELL FOR AN EXCEPTION TO THE USE OF
PUBLIC WATER FOR A PROPOSED RESIDENTIAL STRUCTURE
LOCATED ON OLD GUN ROAD WEST
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from Scott A. Powell for an exception to
the use of public water for a proposed residential structure
located at 3050 Old Gun Road West. (It is noted a copy of
the vicinity sketch is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.7.b. FROM ROY K. DUNWIRTH, JR. FOR AN EXCEPTION TO THE
USE OF PUBLIC WASTEWATER FOR A PROPOSED GARAGE
ON GENITO ROAD
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from Roy K. Dunwirth, Jr. for an exception
to the use of public wastewater for a proposed garage at
15421 Genito Road. (It is noted a copy of the vicinity
sketch is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.7.c. FROM NAURICE T. OXENDINE TO INSTALL PRIVATE WATER
AND SEWER SERVICES WITHIN PRIVATE EASEMENTS TO
SERVE PROPERTY ON GILL STREET
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from Maurice T. 0xendine for permission to
install private water and sewer services within private
05-330
04/27/05
easements to serve property at 3921 Gill Street. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.7.d. FROM G AND E CONSTRUCTION COMPANY, INCORPORATED FOR
A PROPOSED DRIVEWAY TO ENCROACH WITHIN A THIRTY-
FOOT AND A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF
WAY KNOWN AS JOE AVENUE
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from G and E Construction Company,
Incorporated for a proposed driveway to encroach within a 30-
foot and a 50-foot unimproved county right of way known as
Joe Avenue, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.7.e. FROM TRUSTEES OF KINGSLAND BAPTIST CHURCH FOR A
PROPOSED FIFTEEN-INCH CONCRETE PIPE TO ENCROACH
WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY
KNOWN AS OAK LAWN STREET
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from the Trustees of Kingsland Baptist
Church for permission for a proposed 15-inch concrete pipe to
encroach within a 50-foot unimproved county right of way
known as Oak Lawn Street, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.7.f.
FROM G. SCOTT KNAGGS FOR A PROPOSED FENCE TO
ENCROACH WITHIN A FIFTY-FOOT GREENWAY EASEMENT
ACROSS LOT 74, BLOCK A, CABIN CREEK, SECTION C-2
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from G. Scott Knaggs for permission for a
proposed fence to encroach within a 50-foot greenway easement
across Lot 74, Block A, Cabin Creek, Section C-2, subject to
the execution of a license agreement. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05-331
04/27/05
8 .C.8. ACCEPTANCE OF PARCELS OF LAND
8 .C.8.&. ALONG THE NORTH RIGHT OF WAY LINE OF OTTERDALE ROAD
FROM GLEN ABBEY PARTNERS, LLC
On motion of Mr. Warren, seconded by Mr. Miller, the Board
accepted the conveyance of two parcels of land, containing a
total of 0.066 acres, along the north right of way line of
Otterdale Road (State Route 667) from Glen Abbey Partners,
LLC, and authorized the County Administrator to execute the
deed. (It is noted copies of the plats are filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.8.b. ALONG THE SOUTH RIGHT OF WAY LINE OF POINT OF ROCKS
ROAD FROM THE TRUSTEES OF REHOBOTH WORSHIP CENTER
On motion of Mr. Warren, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 0.079
acres, along the south right of way line of Point of Rocks
Road (State Route 904) from the Trustees of Rehoboth Worship
Center, and authorized the County Administrator to execute
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.8.c. ALONG THE EAST RIGHT OF WAY LINE OF OLD HUNDRED
ROAD FROM VIRGINIA A. JUSTIS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 1.108
acres, along the east right of way line of Old Hundred Road
(State Route 652) from Virginia A. Justis, and authorized the
County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.9. APPROVAL OF STREET-NAME CHANGE
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved changing the name of ~Waterford Lake Drive"
extension to ~Tredegar Lake Parkway."
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.10. REQUEST TO QUITCLAIM A FIFTY-FOOT DRAINAGE EASEMENT
AND A TEMPORARY TURNAROUND EASEMENT ACROSS THE
PROPERTY OF SAVAGE AND LENNON, INCORPORATED
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
05-332
04/27/05
50-foot drainage easement and a temporary turnaround easement
across the property of Savage and Lennon, Incorporated. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
The following items were removed from the Consent Agenda for
Board discussion:
8.C.6.f. TO CONSIDER AMENDING THE PUBLIC FACILITIES PLAN, AN
ELEMENT OF THE PLAN FOR CHESTERFIELD, RELATIVE TO
SCHOOLS
Mrs. Humphrey stated she would prefer to hold the public
hearing at the June 22nd meeting rather than the May 25th
meeting. She expressed concerns as to whether the Board is
ready to move forward with initiating a zoning application
for a middle school site at this time.
Mr. Warren stated he would also prefer that the public
hearing on the Public Facilities Plan be held on June 22nd
because it is possible he may not be able to attend the Board
meeting on May 25th.
Discussion ensued relative to when the public hearing would
be held if the Board initiated zoning for a middle school
site at this time.
Mr. Ramsey stated if the Board were to initiate the zoning
today, the case could be double advertised and heard by both
the Planning Commission and the Board of Supervisors at their
May meetings. He noted there is no guarantee that the
Planning Commission would make a recommendation at its May
meeting. He further stated his recommendation would be to
schedule the public hearing on the Public Facilities Plan and
the middle school zoning case on the same date.
In response to Mr. Miller's question, Mr. Ramsey stated the
Planning Commission acted on the Public Facilities Plan at
its April 21, 2005 meeting, and it is now ready to be
considered by the Board.
Mr. Miller inquired what impact a one-month delay on both
issues would cause.
Mr. Ramsey stated he does not believe there would be a
downside to delaying both of the issues until June.
Mr. Miller stated he has no problem with delaying the public
hearings until June.
Mr. Warren made a motion, seconded by Mr. Miller, for the
Board to set the date of June 22, 2005 at 7:00 p.m. for a
public hearing for the Board to consider amending the Public
Facilities Plan relative to schools.
Mr. Barber expressed concerns relative to delaying the Public
Facilities Plan and the initiation of a zoning application
05-333
04/27/05
since both staff and Dr. Cannaday have asked the Board to
move forward.
Mr. Ramsey stated it is staff's desire to get everything in
order as quickly as possible so that construction can begin.
Mr. Barber expressed concerns that delaying the process could
send a message to the citizens that the Board might be
reconsidering the site or that opening of the middle school
is not important. He noted the proposed middle school
location has been agreed upon by the public bodies,
advertised through the bond referendum, and voted on by the
citizens. He stated the Board directed staff, in closed
session, to move forward with acquisition of the subject
property.
Mr. Miller stated his support of the motion is predicated on
the possibility that Mr. Warren might not be able to attend
the May 25th meeting, and he always tries to accommodate his
colleagues. He further stated if staff were to demonstrate
that delaying the issue for 30 days would make a substantial
difference, then he could be persuaded otherwise.
In response to Mr. Barber's question, Mr. Micas stated the
Board must act on each of the items individually.
Mr. Barber called for a vote on the motion of Mr. Warren,
seconded by Mr. Miller, for the Board to set the date of June
22, 2005 at 7:00 p.m. for a public hearing for the Board to
consider amending the Public Facilities Plan relative to
schools.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
8.C.11. INITIATION OF A ZONIN~APPLICATION FOR MIDDLE SCHOOL
SITE AT THE CENTERPOINTE PRO0'ECT
Mrs. Humphrey requested clarification as to why the Board of
Supervisors would be the applicant rather than the School
Board. She stated the Public Facilities Plan and the zoning
application for the middle school site are companion items
and she would prefer to hold the public hearings on these two
issues at the same time.
Mr. Ramsey stated the School Board cannot be the applicant
because the Board of Supervisors will hold title to the
property. He further stated every action taken by the public
bodies has directed staff to move forward on this site, and
initiation of the zoning application is a step that must be
taken to grant the authority to build a school on the site.
He stated staff believes it would not be wise to acquire the
site and be obligated to pay for it without the authority to
build a school on it.
In response to Mrs. Humphrey's question, Mr. Ramsey stated
staff would prefer discussing details regarding the land
acquisition in closed session. He further stated staff is
confident that the site will be acquired by the county
shortly after the Board acts upon the zoning request. He
stated staff recommends that all approvals be in place for
05-33¢
04/27/05
the site prior to committing county resources to purchase the
property.
In response to Mrs. Humphrey's question, Mr. Micas stated
staff does not anticipate that zoning approval would have a
material affect on the value of the property.
Mr. Warren stated the students who are shadowing him would
like to ask some questions~
Ms. Lauren Riley inquired whether the proposed middle school
site was identified in the bond referendum material and
whether it was recommended as the first choice by the School
Board.
Mr. Ramsey stated the site was identified in the bond
referendum material. He further stated the School Board took
formal action to identify this site for a middle school.
Ms. Ashley Jackson inquired what opportunities are being made
to include the public in this process.
Mr. Ramsey stated the zoning process will result in two
public hearings - one at the Planning Commission level and
one at the Board of Supervisors level. He further stated the
public had an opportunity to voice its opinion at the public
hearing held before the Planning Commission to consider
amendments to the Public Facilities Plan and will also have
another opportunity when the issue comes before the Board.
Mr. Barber noted that elected bodies met and agreed on what
would be presented in the bond referendum. He further stated
the material was presented to the public, and 87 percent of
the voting citizens supported the school proposal. He
stated, if the Board were to manipulate the guidance provided
by the citizens through the bond referendum, it would be
doing a huge disservice to the public.
Mr. Miller made a motion, seconded by Mr. King, for the Board
to initiate the zoning application as proposed.
It was generally agreed to hold the public hearing on the
zoning application on the same date as the public hearing for
the Public Facilities Plan amendments.
Mr. Barber called for a vote on the motion of Mr. Miller,
seconded by Mr. King, for the Board to initiate a zoning
application to amend Zoning Case 88SN0059 to allow Tax IDs
724-694-5390, 724-693-6630 and 726-695-Part of 3178 to be
developed as a separate project from that portion of the
remaining acreage originally zoned and not included in this
request for the purpose of developing a middle school and/or
other public facility.
And, further, the Board appointed Dr. Billy Cannaday, Jr. as
the Board's agent for the zoning application.
Ayes: Barber, King and Miller.
Nays: Humphrey and Warren.
05-335
04/27/05
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10.
10 .A.
10 .B.
REPORTS
REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
FUNDS AND LEASE PURCHASES
On motion of Mr. Miller, seconded by Mr. Warren, the Board
accepted the following reports: a Report on Developer
Water and Sewer Contracts; and a Report on the Status of
General Fund Balance, Reserve for Future Capital Projects,
District Improvement Funds and Lease Purchases.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
11. DINNER
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Paul Simrell, Associate
Christian Church, gave the invocation.
Minister of Bon Air
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Major Robert Clay, United States Army Reserves (Retired) led
the Pledge of Allegiance to the flag of the United States of
America.
RESOLUTIONS AND SPECI~-L RECOGNITIONS
RECOGNIZING THE MONACAN HIGH SCHOOL GIRLS VARSITY
BASKETBALL TEAM FOR THEIR OUTSTANDING ACCOMPLISHM~/~TS
DURING THE 2004-2005 SEASON AND FOR THEIR EXCELLENT
REPRESENTATION OF CHESTERFIELD COUNTY
Mr. Hammer introduced Coach Natalie White, Assistant Coach
Larry Starr and members of the Monacan High School Girls
Varsity basketball team, who were present to receive the
resolution.
05-336
04/27/05
On motion of the Board, the following resolution was adopted:
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's educational,
physical, and emotional development for students; and
WHEREAS, Ms. Natalie White, coach of the Monacan High
School Girls Varsity Basketball Team completed her eighth
year of coaching at Monacan, and was named the Dominion
District and the Central Region Coach of the Year; and
WHEREAS, under Coach White and Assistant Coach Larry
Starr~s direction, the 2004-2005 Monacan Chiefs finished with
a perfect 21-0 regular season record and an overall record of
27-2; and
WHEREAS, the Chiefs were the Dominion District Regular
Season Champions for the third consecutive year and the
Central Region Champions for the second consecutive year; and
WHEREAS, the Chiefs were Quarterfinalists in the AAA
State Girls Championships; and
WHEREAS, the team members include: Simone Boyd, Alli
Davis~ Courtney Dyer, Mandy Fernald, Sara Gibson, Amanda
Glenn~ Meredith Manwaring, Jamie McAllister, Audrey McCarty,
Rachel Robinson, Carrie Saunders, Jennifer Saunders, Meredith
Starr~ Hanna Teachey, Jasmine Young, Loren Dyer, Robert
Stowers, and Courtney Walker.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of April 2005,
publicly recognizes the 2004-2005 Monacan High School Girls
Varsity Basketball Team for its outstanding representation of
Chesterfield County; commends the Chiefs for their commitment
to excellence and sportsmanship; and expresses best wishes
for continued success.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. Warren presented the executed resolution to Coach White,
accompanied by members of the basketball team, congratulated
them on an outstanding season and wished them future success.
Coaches White and Starr expressed appreciation to the Board
for the recognition and for the opportunity to work with this
wonderful basketball team.
Mrs. Humphrey commended the young ladies on their excellent
sportsmanship.
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONIN~
PLACED ON THE CONSENT A~ENDA TO BE HEARD IN THE
FOLLOWIN~ ORDER~ - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 17
Mr. Barber stated signs and ~osters are not allowed in the
Public Meeting Room to demonstrate a particular ~osition. He
05-337
04/27/05
reminded the public that comments are to be limited to the
facts of the matter for each individual zoning case and that
no disturbance will be allowed from within the audience while
members of the public or Board members are speaking.
04SN0227
In Dale Magisterial District, GELLETLY & ASSOC. requests
rezoning and amendment of zoning district map from
Agricultural (A), Residential Townhouse (R-TH) and Light
Industrial (I-l) to Residential Townhouse (R-TH) with
Conditional Use Planned Development to permit use and bulk
exceptions. Residential use of up to 8.0 units per acre is
permitted in a Residential Townhouse (R-TH) District. The
Comprehensive Plan suggests the property is appropriate for
light industrial use. This request lies on 166.4 acres
fronting in four (4) places for approximately 4,500 feet on
the north line of Courthouse Road, fronting approximately
1,250 feet on the east line of Doublecreek Court and also
fronting approximately 6,600 feet on the south line of Route
288 and located in the northeast quadrant of the intersection
of Courthouse Road and Doublecreek Court. Tax IDs 763-670-
8636, 765-668-7392, 766-668-4150, 767-666-7026 and 767-667-
5055 (Sheets 17 and 25).
Mr. Turner stated the applicant has withdrawn Case 04SN0227
from consideration.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
acknowledged withdrawal of Case 04SN0227.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SR0171
In Matoaca Magisterial District, TIMOTHY J. HAULER requests
renewal of Conditional Use (Case 03AN0226) and amendment of
zoning district map for a bed and breakfast and a special
events business operated incidental to a dwelling unit. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use on
1-5 acre lots; suited to R-88 zoning. This request lies in
an Agricultural (A) District on 14.5 acres and is known as
6100 Woodpecker Road. Tax ID 781-626-8240 (Sheet 41).
Mr. Turner stated Mrs. Humphrey has requested deferral of the
request until July 27, 2005.
Mr. Miller stated he has several matters pending in the
Chesterfield Circuit Court, declared a Conflict of Interest
under the Virginia Conflict of Interest Act regarding this
request, and excused himself from the meeting.
The Honorable T. J. Hauler stated the deferral is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the deferral.
05-338
04/27/05
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
deferred Case 05SR0171 until July 27, 2005.
Ayes: Barber, King, Humphrey and Warren.
Nays: None.
Absent: Miller.
Mr. Miller returned to the meeting.
05SN0209
In Bermuda Magisterial District, KELLY BROD requests
amendment to Conditional Use Planned Development (Case
84S149) and amendment of zoning district map to permit a
model home. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 4.0 units per acre or less. This request
lies in Residential (R-9, R-12 and R-15) Districts on 86.6
acres fronting approximately 250 feet on. the north line of
Ramblewood Drive, also fronting approximately 2,000 feet on
the east line of Golf Course Road south of Old Bermuda
Hundred Road and fronting approximately 2,200 feet on the
southeast line of Old Bermuda Hundred Road approximately 800
feet south of East Hundred Road. Tax ID 812-651-7817
(Sheets 27 and 35).
Mr. Turner presented a summary of Case 05SN0209 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Ms. Kelly Brod stated the recommendation is acceptable.
Mr. King stated concerns have been expressed by adjoining
neighbors, Mr. and Mrs. Ronnie Luck, regarding the location
of the mobile office.
Discussion ensued relative to the location and quality of the
temporary model home.
Ms. Brod stated the model home will be located near the golf
course clubhouse. She further stated the modular unit will
be very well landscaped and will be removed once the model
home is complete.
Due to someone being present to speak to the request, it was
moved to later in the agenda.
05SN0187
In Bermuda Magisterial District, ROADRUNNER ENTERPRISES INC.
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for residential use of 2.51-4.0 units per
acre. This request lies on 1.9 acres fronting approximately
fifty (50) feet on the north line of Tipton Street
approximately 180 feet east of Hill Street. Tax ID 799-635-
Part of 2783 (Sheet 34).
05-339
04/27/05
Mr. Turner presented a summary of Case 05SN0187 and stated
the Planning Commission and staff recommended approval and
acceptance of one proffered condition.
Mr. Carl Adenauer, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 05SN0187 and accepted the following proffered
condition:
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of building permit for infrastructure
improvements within the service district for the
property:
$11,500 per dwelling unit, if paid prior to July 1,
2005; or
bo
The amount approved by the Board of Supervisors not
to exceed $11,500 per dwelling unit adjusted upward
by an increase in the Marshall and Swift Building
Cost Index between July 1, 2004, and July 1 of the
fiscal year in which the payment is made if paid
after June 30, 2005.
C o
In the event the cash payment is not used for the
purpose for which proffered within 15 years of
receipt, the cash shall be returned in full to the
payor. (B & M)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05HP0233
In Midlothian Magisterial District, ELIZABETH C. CROXTON
requests historic landmark designation and amendment of the
zoning district map for the MORRISSETTE HOUSE. The request
lies in residential and proposed historic areas, as suggested
by the Comprehensive Plan. The Comprehensive Plan for this
area does not provide a density for these areas. This
request lies in a Residential (R-7) District and is known as
1400 Salisbury Drive. Tax ID 729-709-Part of 7243 (Sheet
5).
Mr. Turner presented a summary of Case 05HP0233 and stated
the Historic Preservation Committee, the Planning Commission
and staff recommended approval subject to one condition.
Ms. Elizabeth Croxton stated the
acceptable.
recommendation is
Mr. Barber called for public comment.
No one came forward to speak to the request.
05-3~0
04/27/05
On motion of Mr. Barber, seconded by Mr. Miller, the Board
approved historic landmark designation for the Morrissette
House structure and foundation, subject to the following
condition:
The designated property shall be as follows:
Morrissette House structure and foundation located on
the property known as Tax ID 729-709-Part of 7243
(Sheet 5).
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SR0246
In Bermuda Magisterial District, HENRY AND AGNES BRANKLEY
request renewal of Manufactured Home Permit 98SR0237 to park
a manufactured home in a Residential (R-7) District. The
density of this proposal is approximately 2.5 units per acre.
The Comprehensive Plan suggests the property is appropriate
for regional mixed use. This property is known as 10514
Ramona Avenue. Tax ID 796--664-5325 (Sheet 26).
Mr. Turner presented a summary of Case 05SR0246 and stated
staff recommends approval for seven years, subject to
conditions.
Mrs. Agnes Brankley stated the recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 05SR0246, subject to the following conditions:
The applicants shall ibe the owners and occupants of the
manufactured home.
Manufactured home permit shall be granted for a period
not to exceed seven (7) years from date of approval.
No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property.
No additional permanent-type living space may be added
onto a manufactured home. All manufactured homes shall
be skirted but shall not be placed on a permanent
foundation.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0223
In Dale Magisterial District, CHESTERFIELD COUNTY HEALTH
COMMISSION requests rezoning and amendment of zoning district
map from Agricultural (A) to Multifamily Residential (R-MF)
with Conditional Use Planned Development to permit nursing
05-341
04/27/05
home, child care center and exceptions to Ordinance
requirements. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
office uses. This request lies on 26.7 acres fronting
approximately 150 feet on the west line of Government Center
Parkway, also fronting approximately 1,200 feet on the east
line of Courts Complex Road, also fronting approximately
1,300 feet on the south line of Courthouse Road and located
in the southeast quadrant of the intersection of these roads.
Tax IDs 769-665-Part of 9903; 770-664-Part of 6398; 771-665-
Part of 3354 and Part of 3701; and 773-665-Part of 2523
(Sheets 17 and 25).
Ms. Jane Peterson presented a summary of Case 05SN0223 and
stated the Board deferred the request from its March 9, 2005
meeting to allow time for the applicant to address the
architectural treatment of the proposed development. She
further stated that applicant has submitted an additional
proffered condition, which requires that the multi-family
structures be compatible with the Lucy Corr Nursing Home.
She stated staff recommended denial because the proposed
zoning and land uses do not comply with the Central Area Plan
and the proposed single-family and two-family dwelling units
are not in scale with the corporate office park image of the
Courthouse Complex. She further stated the Planning
Commission recommended approval and acceptance of the
proffered conditions, indicating that the proposed uses
support the existing nursing home uses.
Ms. Carol Crosby, representing the applicant, stated the
Planning Commission's recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mr. Miller stated the Board initiated the zoning at the
request of the Health Center Commission. He further stated
his concerns regarding the architectural treatment have been
addressed.
Mr. Miller then made a motion for the Board to approve Case
05SN0223 and accept the proffered conditions, including
Proffered Condition 15 relating to architectural treatment.
Mr. Barber seconded the motion made by Mr. Miller.
Mr. Barber then called for a vote on the motion of Mr.
Miller, seconded by Mr. Barber, for the Board to approve Case
05SN0223 and accept the following proffered conditions:
The Owners and the Developer (the ~Owner") in this zoning
case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield
County, for themselves and their successors or assigns,
proffer that the development of the Property known as
Chesterfield County Tax Identification Number 769-665-9903
(part), 771-665-3354 (part), 773-665-2523 (part), 770-664-
6398 (part), and 771-665-3701 (part) (the ~Property") under
consideration will be developed according to the following
conditions if, and only if, the rezoning request for R-MF
with a conditional use planned development (CUPD) is granted.
05-342
04/27/05
In the event the request is denied or approved with
conditions not agreed to by the Developer, the proffers and
conditions shall immediately be null and void and of no
further force or effect. If the zoning is granted, these
proffers and conditions will supersede all proffers and
conditions now existing on the Property.
Zoning Plan. Parcels shall be located as generally
depicted on the Zoning Plan, titled ~Lucy Corr Village
Expansion, Land Use Map," dated 1-04-04, but the
location and size of the parcels may be modified
provided the parcels generally maintain their
relationship with each other and any adjacent
properties. A plan for any such parcel adjustment shall
be submitted to the Planning Department for review and
approval. Such plan shall be subject to appeal in
accordance with provisions of the Zoning Ordinance for
Site Plan appeals. (P)
o
Master Plan. The textual statement dated February 17,
2005, shall be considered the Master Plan. (P)
Utilities. The public water and wastewater systems
shall be used, except that public wastewater shall not
be required for the model home for as long as it is used
as a model or until such time that public wastewater
with sufficient capacity is within 50 feet of the model
home, whichever occurs first. (U)
Timbering. With the exception of timbering which has
been approved by the Virginia State Department of
]Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
o
Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Housing Law, and
such other applicable federal, state, or local legal
requirements, dwelling units shall be restricted to
~housing for older persons" as defined in the Virginia
Fair Housing Law and shall have no. persons under 19
years of age domiciled therein. (B&M)
o
Cash Proffers. For each dwelling unit developed, the
applicant, subdivider, or assignee(s) shall pay
$5,435.00 per unit to the County of Chesterfield, prior
to the time of issuance of a building permit, for
infrastructure improvements within the service district
for the Property if paid prior to July 1, 2005. The
$5,435.00 for any units developed shall be allocated
pro-rata among the facility costs as calculated annually
by the County Budget Department as follows: $230 for
parks, $402 for library facilities, $423 for fire
stations, and $4,380 for roads. Thereafter, such payment
shall be the amount approved by the Board of Supervisors
not to exceed $5,435.00 per unit as adjusted upward by
any increase in the Marshall and Swift Building Cost
Index between July 1, 2004 and July 1 of the fiscal year
in which the payment is made if paid after June 30,
2005. If any of the cash proffers are not expended for
the purposes designated by the Capital Improvement
05-343
04/27/05
o
Program within fifteen (15) years from the date of
payment, they shall be returned in full to the payor.
Should Chesterfield County impose impact fees at any
time during the life of the development that are
applicable to the Property, the amount paid in cash
proffers shall be in lieu of or credited toward, but not
in addition to, any impact fees in a manner as
determined by the County.
Open Space. At a minimum, the following Open Space
areas shall be provided:
ao
A minimum fifty (50) foot buffer shall be provided
along the south line of Courthouse Road. Within a
linear distance of approximately 200 feet and
beginning approximately 250 feet from Courts
Complex Road, grading shall be permitted fifteen
(15) feet into the buffer. A stormwater management
facility may be located within this buffer. Except
as stated herein, this buffer shall comply with the
requirements of the Ordinance for Sections 19-520
through 522. (P)
Bo
A minimum thirty (30) foot buffer shall be provided
along Courts Complex Road. A stormwater management
facility may be located within this buffer. Except
as stated herein, this buffer shall comply with the
requirements of the Ordinance for Sections 19-520
through 522. (P)
A minimum 0.5 acre of open space shall be centrally
located between the single-family and two-family
dwellings and the multifamily building (~Central
Lawn") and also accessible to the nursing home.
The Central Lawn shall be ~hardscaped" and have
benches and other amenities that accommodate and
facilitate gatherings. The exact location and
design of the Central Lawn shall be approved by the
Planning Department at the time of site plan
review. (P)
A minimum 1.0 acre of open space shall be centrally
located within the Property ("Central Open Space")
to provide a focal point as one enters the
development. The Central Open Space shall be
~hardscaped" and have benches and other amenities
that accommodate and facilitate gatherings. Less
formal pedestrian paths, sidewalks, boardwalks, or
trails shall be provided within the Central Open
Space to link to the Central Lawn. The exact
location and design of the Central Lawn shall be
approved by the Planning Department at the time of
site plan review; provided, however, that
hardscaping of such paths or trails shall not be
required nor shall this require a sidewalk around
the perimeter of this Central Open Space.
Additional features such as picnic tables, grills,
shelters, and/or gazebos shall be permitted in the
Central Open Space. (P)
Sidewalks shall be provided on both sides of all
rights-of-way along which dwellings front, except
for the Central Open Space and the Central Lawn.
05-344
04/27/05
o
10.
11.
12.
13.
14.
Sidewalks shall be provided on both sides of the
boulevard entrance from Courts Complex Road. The
exact treatment and location of the sidewalks shall
be approved at the time of site plan review. (P)
Street trees shall be planted or retained along
each side of all rights-of-way along which
dwellings front. The exact location, spacing,
species, and size of the trees shall be approved by
the Planning Department at the time of site plan
review. Street trees shall be planted or retained
in the median of the boulevard entrance from Courts
Complex Road. (P)
Trails shall be provided along Courts Complex Road
and Courthouse Road and throughout the project for
a total distance of approximately 5,000 linear
feet. The exact design and location of these
trails shall be approved by Parks and Recreation at
the time of site plan rewLew. (P & R)
]Density. There shall be no more than 150 dwelling units
developed on the Property. (P)
Building Materials. The facades of single-family
dwellings and two family dwellings shall be constructed
of brick, brick veneer, wood, vinyl siding, cementious-
type siding, composite siding, glass, stone, or EIFS.
(p)
Garages. If provided, a minimum of fifty percent (50%)
of the single-family dwellings garages shall be side
entry. If provided, a minimum of fifty percent (50%) of
the two-family dwellings shall have garages that are
setback at least five (5) feet from the front face of
the building. (P)
Driveways. Private driveways serving single family and
the two family dwellings shall be ~hardscaped." The
exact design and treatment of driveways shall be
approved by the Planning Department at the time of site
plan review. (P)
Access. No direct access shall be provided from the
Property to Courthouse Road. (T)
Landscaping. Landscaping shall be provided around the
perimeter of all buildings, between buildings and
driveways, within medians, and within common areas not
occupied by recreational facilities or other structures.
Landscaping shall comply with the requirements of the
Zoning Ordinance Sections 19-516 through 19-518.
Landscaping shall be designed to: minimize the
predominance of building mass and paved areas; define
private spaces; and enhance the residential character of
the development. The Planning Department, at the time of
site plan review, shall approve the landscaping plan
with respect to the exact numbers, spacing, arrangement,
and species of plantings. (T)
Road Standards. Ail roads that accommodate general
traffic circulation through the development, as
determined by the Transportation Department, shall be
05-345
04/27/05
designed and constructed to VDOT standards and taken
into the State System. Setbacks from these public roads
shall be as identified for special access streets
pursuant to Section 19-505(b) of the Zoning Ordinance.
(T)
15.
The architectural treatment, to include materials, color
and style, for multi-family structures shall be
compatible with the development on Tax ID 771-665-3701
(Lucy Corr Nursing Home). The architectural style for
single-family and two-family dwellings shall be similar
to the elevations titled ~Lucy Corr Village Traditional
Cottage Plan", dated March 14, 2005, and ~Lucy Corr
Village Duplex Cottage Front Elevation", dated March 15,
2005, both prepared by SFCS Inc. (P)
Ayes: Barber, Kin~, Humphrey, Miller and Warren.
Nays: None.
Mr. Miller stated the public hearing scheduled by the Board
relative to conveyance of county property to the Health
Center Commission is a separate issue, and he does not want
the motion for approval of the zoning request to be construed
as to whether or not he will support the property donation.
(Amended)
In Bermuda Magisterial District, ROBBINS LANDSCAPING, INC.
requests Conditional Use and amendment of zoning district map
to permit a contractor's office and storage yard with retail
sales in an Agricultural (A) District, plus Conditional Use
Planned Development to permit exception to Ordinance
requirements. The density of such amendment will be
controlled by zonin~ conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.51 to 4.0 units per acre. This request
lies on 4.9 acres fronting approximately 260 feet on the
south line of Kin~sland Road, approximately 820 feet west of
Dorsey Road. Tax ID 788-672-7956 (Sheet 18).
Mr. Robert Clay presented a summary of Case 05SN0146 and
stated staff recommended denial because the requested uses do
not comply with the Jefferson Davis Corridor Plan and the
proposal represents encroachment into a residential area. He
further stated the Planning Commission unanimously
recommended approval and acceptance of the proffered
conditions, indicating that the proffered conditions address
all of the concerns expressed by area residents.
Mr. Dean Hawkins, representing the applicant, stated the
proposed uses would be similar in nature to that of The Plant
Man, which was located on the subject property many years
ago. He further stated there will be no retail sales on the
property; the office buildin9 will be residential in design;
and the neighbors' concerns have been addressed. He
requested the Board's support of the proposed development.
When asked, Mr. Hawkins stated The Plant Man operated under a
Conditional Use as a retail-oriented business. He further
stated the proposed uses would include office and equipment
storage for a commercial landscape operation to have work
done off site. He stated it is not a place where people
05-346
04/27/05
would be encouraged to come and purchase
landscaping materials on a constant basis..
flowers or
Mr. Turner clarified that The Plant Man operated a business
from their home under a Special Exception rather than a
Conditional Use.
Mr. Barber called for public comment.
No one came forward to speak to the request°
Mrs. Humphrey stated The Plant Man was located on the subject
property long before the county had a land use plan. She
further stated the proposal represents an opportunity to
restore business to a facility that is still usable, and she
will gladly support the request.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved Case 05SN0146 and accepted the following proffered
conditions:
'Phis Conditional Use shall be granted to and for Leigh's
Land, LLC, trading as Robbins Landscaping, Inc.,
exclusively and shall not be transferable nor run with
the land. (P)
2. The uses permitted shall be limited to the following:
a. A landscaping contractor's office and storage.
bo
In conjunction with the operation of a landscaping
contractor's office and storage yard, retail sales
of landscaping materials, to include but not
necessarily be limited to, plant materials which
are customarily used outdoors; mulch; fertilizer
and other soil additives/treatments; and landscape
pavers. Sales shall not include items such as
pots, lawn ornaments and other similar goods
typically sold at home retail centers. (P)
Uses shall not be open to the public between the hours
of 9:00 PM and 6:00 AM. (P)
Ail structures shall have an architectural style
compatible with surrounding area residential
development. Compatibility may be achieved through the
use of similar building massing, materials, scale or
other architectural features. The exact treatment shall
be approved by the Planning Department. (P)
o
The total gross square footage of buildings shall not
exceed 7,000 square feet of which a maximum of 3,000
square feet being allowed the retail sales permitted by
Proffered Condition 2.b. (P)
o
Any healthy trees having a caliper of four (4) inches or
greater shall be maintained within fifteen (15) feet of
the southern and eastern property boundary. This
condition shall not preclude the removal of dead,
diseased or dying trees. If dead, diseased or dying
tree are removed, they shall be replaced with a similar
species capable of reaching a comparable height of the
species which it replaces. (P)
05-347
04/2?/05
o
A maximum of one (1) freestanding sign, not to exceed
four (4) square feet in area and five (5) feet in
height, shall be permitted to identify this use. There
shall be no other business signs permitted. (P)
o
Except for pedestrian scale and infrared activated
security fixtures, there shall be no exterior lighting.
(P)
Ail driveways and parking areas shall have a minimum
surface of six (6) inches of No. 21 or No. 2lA stone.
(P)
10.
Prior to any site plan approval, forty-five (45) feet of
right-of-way on the south side of Kingsland Road,
measured from the centerline of that part of Kingsland
Road immediately adjacent to the property, shall be
dedicated free and unrestricted, to an for the benefit
of Chesterfield County. (T)
11.
Direct access from the Property to Kingsland Road shall
be limited to one (1) entrance/exit, generally located
towards the eastern property line. The exact location of
this entrance/exit shall be approved by the
Transportation Department. (T)
12.
Prior to the issuance of a Certificate of Occupancy for
any office use which exceeds a cumulative total of 2,000
gross square feet or for any development that includes
retail sales, additional pavement shall be constructed
along Kingsland Road at the approved access to provide
left and/or right turn lanes, based on Transportation
Department standards. The developer shall dedicate,
free and unrestricted, to and for the benefit of
Chesterfield County, any additional right-of-way (or
easements) required for these improvements. (T)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0209
In Bermuda Magisterial District, KELLY BROD requests
amendment to Conditional Use Planned Development (Case
84S149) and amendment of zoning district map to permit a
model home. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 4.0 units per acre or less. This request
lies in Residential (R-9, R-12 and R-15) Districts on 86.6
acres fronting approximately 250 feet on the north line of
Ramblewood Drive, also fronting approximately 2,000 feet on
the east line of Golf Course Road south of 01d Bermuda
Hundred Road and fronting approximately 2,200 feet on the
southeast line of Old Bermuda Hundred Road approximately 800
feet south of East Hundred Road. Tax ID 812-651-7817 (Sheets
27 and 35).
Mr. Clay presented a summary of Case 05SN0209 and stated the
Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
05-3¢8
04/27/05
Ms. Kelly Brod stated the recommendation is acceptable. She
further stated she has spoken with Mr. and Mrs. Luck and will
continue discussions with them regarding the exact location
of the proposed driveway, taking public safety into account
with the traffic patterns.
Mr. Barber called for public comment.
Mr. Ronnie Luck stated he would like to see the exact
location of the entrance and inquired whether the request
could be deferred.
Mr. George Emerson stated he has been assured by the
applicant that the driveway will be located very close to the
old parking lot, and he supports the request.
No one else came forward to speak to the request.
Mr. King stated he is satisfied that the applicant will do
what Mr. and Mrs. Luck have requested.
Mr. Miller stated the applicant will be required to submit
subdivision plans for the property and identify the location
of the driveway. He further stated staff will ensure that
Mr. and Ms. Luck's concerns are addressed and that they are
notified so they can participate in the process.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 05SN0209 and accepted the following proffered
conditions:
A temporary model home (sales office) shall be permitted
in a modular office unit provided such unit shall be
utilized for a maximum of two (2) years from the date of
approval of this request. When no longer used as a model
home (sales office), the modular office unit shall be
removed. (P)
The model home (sales office) shall only be used to
market the development (Cypress Woods) in which it is
located and shall not be used for the sale of lots or
houses outside of the development in which it is
located. (P)
The model home (sales office) shall not be the primary
real estate office for the company marketing the
development. (P)
The model home (sales office) shall be incidental to
construction activity taking place within the
development (Cypress Woods). (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN0147
In Matoaca Magisterial District, BILL DUVAL requests rezoning
and amendment of zoning district map from Agricultural (A) to
Residential (R-88). Residential use of up to 0.50 unit per
acre is permitted in a Residential (R-88) District. The
Comprehensive Plan suggests the property is appropriate for
05-349
04/27/05
residential use on 1-5 acre lots, suited to R-88 zoning.
This request lies on 232.4 acres fronting in two (2) places
for a total of approximately 1,220 feet on the east line of
River Road, also fronting approximately 270 feet on the north
line of Hickory Road and located in the northeast quadrant of
the intersection of these roads; also fronting approximately
150 feet on the west line of Rowlett Road, approximately
1,750 feet north of Hickory Road. Tax IDs 756-626-7462, 758-
628-6726; and 760-628-2105 (Sheet 40).
Ms. Darla Orr presented a summary of Case 05SN0147 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. She noted the
request complies with the Southern and Western Area Plan and
addresses the impact on capital facilities.
Discussion ensued relative to the one-acre land donation,
which will be used for future expansion of the Phillips
Volunteer Fire Department.
Mr. Andy Scherzer, representing the applicant, stated the
recommendation is acceptable.
Mr. Barber called for public comment.
No one came forward to speak to the request.
Mrs. Humphrey thanked the applicant for the land donation to
allow for expansion of the fire department, as well as the
landscaping being provided by the applicant.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to approve Case 05SN0147 and accept the following
proffered conditions:
The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
ao
$11,500.00 per dwelling unit, if paid prior to July
1, 2005; or
The amount approved by the Board of Supervisors not
to exceed $11,500.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
building cost index between July 1, 2004, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2005.
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor. (B&M)
The maximum density of this development shall not exceed
one hundred (100) lots. (P)
3. Manufactured homes shall not be permitted. (P)
A fifteen (15) foot tree preservation strip shall be
maintained around the perimeter of the subdivision (this
shall exclude the land to be dedicated to the County per
Proffered Condition 6). This preservation strip shall
be exclusive of setbacks. Utility easements and public
05-350
04/27/05
roads shall be permitted to cross this strip in a
perpendicular fashion· Any healthy trees that are six
(6) inches in caliper or greater shall be retained
within this tree preservation strip except where removal
is necessary to accommodate the improvements permitted
herein. This condition shall not preclude the removal
of vegetation from the tree preservation strip that is
unhealthy, dying or diseased. (P)
Stlreet trees shall be installed in the shaded areas
generally as shown on Exhibit A and shall be subject to
the requirements of the Zoning Ordinance Section 19-518
(h). In addition, an evergreen tree shall be planted
within these areas generally every fifteen (15) feet and
shall be a minimum of five (5) feet in height at time of
planting. (P)
o
Prior to, or in conjunction with, recordation of the
first subdivision plat, a minimum of a 100 foot wide
strip of land along the western property boundary
immediately adjacent to Tax ID 754-625-5188 shall be
dedicated free and unrestricted to the County of
Chesterfield. In conjunction with this dedication,
drainage easements shall be granted to accommodate
development of the dedicated land. (FD&EE)
The minimum gross floor area for one story dwelling
units shall be 1800 square feet and dwelling units with
more than one story shall have a minimum gross floor
area of 2000 square feet. (P)
o
Ail exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced
with brick or stone veneer. (BI&P)
10.
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
The lake on the property known as GPIN 760-628-2105
shall remain and the dam shall be retrofitted as
approved by the department of Environmental Engineering.
(EE)
11. No direct access shall be provided from the property to
Hickory Road. Direct access from the property to River
Road and to Rowlett Road shall be limited to one (1)
public road onto each roadway. The exact location of
these accesses shall be approved by the Transportation
Department. At time of tentative subdivision review, the
Transportation Department may modify this condition to
permit one (1) private driveway from the property to
River Road. (T)
Forty-five (45) feet of right-of-way along the north
side of Hickory Road and the east side of River Road,
and thirty-five (35) feet of right-of-way along the west
side of Rowlett Road, measured from the centerlines of
that part of the roadways immediately adjacent to the
05-351
04/27/05
12.
13.
14.
15.
property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. Prior to any
tentative subdivision approval, a phasing plan for this
right-of-way dedication shall be submitted to and
approved by the Transportation Department. This right-
of-way shall be dedicated in accordance with the
approved phasing plan or within sixty (60) days from a
written request by the County, whichever occurs first.
(T)
To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
Construction of additional pavement along River
Road and Rowlett Road at each approved access to
provide left and right turn lanes, if warranted,
based on Transportation Department standards.
Bo
Widening/improving the east side of River Road, the
north side of Hickory Road and the west side of
Rowlett Road to an eleven (11) foot wide travel
lane, measured from the existing centerline of the
road, with an additional one (1) foot wide paved
shoulder plus a seven (7) foot wide unpaved
shoulder, and overlaying the full width of the road
with one and a half (1.5) inch of compacted
bituminous asphalt concrete, with any modifications
approved by the Transportation Department, for the
entire property frontage.
Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right-of-way (or easements) required for the
improvements identified above. In the event the
developer is unable to acquire any ~off-site"
right-of-way that is necessary for any improvement
described in Proffered Condition 13. a., the
developer may request, in writing, that the County
acquire such right-of-way as a public road
improvement. All costs associated with the
acquisition of the right-of-way shall be borne by
the developer. In the event the County chooses not
to assist the developer in acquisition of the ~off-
site" right-of-way, the developer shall be relieved
of the obligation to acquire the ~off-site" right-
of-way and shall provide the road improvements
within available right-of-way as determined by the
Transportation Department (T)
Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 13, shall be submitted to and
approved by the Transportation Department. (T)
At a minimum the following restrictive covenants shall
be recorded in conjunction with the recordation of any
subdivision plat:
No lots shall be used except for single-family
residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot
other than one detached single-family dwelling not
to exceed three stories in height and one private
garage.
05-352
04/27/05
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0nly one residence shall be erected or placed on a
single lot, and no lot shall, after its original
conveyance, be subdivided into smaller lots or
parcels. No structure of a temporary character,
trailer, basement, tent~ shack, garage, barn, or
other outbuilding shall be used on any lot at any
time as a residence either temporarily or
permanently.
No noxious or offensive activity shall be carried
on upon any lot, nor shall anything be done thereof
which may become an annoyance or nuisance to the
neighborhood.
No lot shall be used or maintained as a dumping
ground for rubbish, trash, garbage or other waste.
Nor shall any of the above be kept on any lot
except in sanitary containers.
No animals, livestock, or poultry of any kind,
shall be raised, bred, or kept on any lot except
that dogs, cats, or other household pets may be
kept therein if they are not kept, bred, or
maintained for any commercial purpose, and in
accordance with the applicable ordinances.
No sign of any kind shall be displayed to the
public view on any lot except one sign of not more
than six square feet advertising the property for
sale or rent, unless approved by the Architectural
Control Committee in writing.
Ail property shall be maintained free of tall
grass, undergrowth, dead trees, weeds and trash,
and generally free of any condition that would
decrease the attractiveness of the property.
No trailer having a height of five feet or more
shall be parked over 12 hours in any one week on
any property or driveway so as to be visible from
the street. No motor vehicle shall be parked over
12 hours in any one week on any property without
having a current Virginia State license tag, unless
such vehicle is parked in an enclosed garage.
The exterior of all houses and other structures
must be completed within one year after the
construction of same shall have commenced, except
where such completion is impossible or would result
in great hardship to the owner or builder due to
strikes, fires, national emergency or natural
calamities. Houses may not be temporarily or
permanently occupied until the exteriors thereof
have been completed. During the continuance of
construction, the owner of the parcel shall require
the contractor to maintain the lot in a reasonably
clean and uncluttered condition.
An Architectural Control Committee (herein called
"Committee") originally composed of William B.
DuVal, Rene' D. McKinney and Gene DuVal is hereby
established. Any two members of the Committee may
05-353
04/27/05
ko
me
act on behalf of the Committee without holding a
meeting of the full Committee or giving notice to
the other members. The Committee together with the
written consent of the property owners may amend,
modify, or waive, in writing any of the
restrictions. The members of the Committee shall
receive no compensation. At any time, the then
recorded owners of eighty percent of the property
shall have the power through a duly recorded
written instrument to change membership of the
Committee or to withdraw from the membership of the
Committee or to restore any of its powers and
duties.
No improvement shall be erected, placed or altered
on any lot until the construction plan thereof, and
a plan showing the location of the said
improvements shall be submitted to and approved by
the Architectural Control Committee. No
construction on said improvements shall commence
until the said plans and location of said
improvements shall have been approved by the
Committee in writing. The Committee reserves the
right to request such information and data; such
as, quality of workmanship and materials, type of
construction, harmony, of exterior design with
existing structures and location with respect to
topography and finished grade elevation, as may be
necessary to make said determination. Prior to the
commencement of any improvements, written approval
may be withdrawn at any time by the Committee by
giving written notice to said party of its
withdrawal of said approval. The Committee
approval as required above shall be in writing and,
in the absence of such written approval,
construction plans and location plans shall be
considered as disapproved. The building location
on all lots shall be within the applicable county
zoning ordinance, and at the discretion of the
Committee.
Approval by the Committee shall not constitute a
basis for liability of the member or members of the
Committee, the Committee or the owner for any
reason including without limitation; (i) failure of
t eh plans to conform to any applicable building
code; or (ii) inadequacy or deficiency in the plans
resulting in defects in the improvements.
The ground floor area of any single-family
residence erected on any of the lots shall not be
less than 1,800 square feet for a single-story
residence, not less than 2,000 square feet for any
one and one-half story or two story residence.
Attached covered porches, covered stoops,
breezeways, and garages shall not be included in
computing said square footage.
The foundation of all single-family residences on
any lot shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be
faced with brick or stone veneer.
05-354
04/27/05
Oo
Ail single-family residences shall conform to a
Colonial or Traditional Architectural style. No
prefabricated single-family residences shall be
erected on any lot.
No fences shall be permitted between the single-
family residences and the street line. Split-rail
fences or other wooden fences may be built between
the rear of the house and the rear lot line. The
split-rail fence may be backed with wire to provide
animal retention.
Easements for installation and maintenance of
utilities and drainage are reserved as shown on the
said subdivision plat.
Except as otherwise provided by applicable law and
unless approved by the Committee, no antenna,
aerial, or device shall be erected or placed on any
property, house, or garage, or other outbuilding
other than the normal antennas, aerial or device
necessary to facilitate the reception of television
signals, and/or radio signals, normally incident to
the radio and television receivers normally used in
the home. Satellite dish type television antennas
are specifically prohibited unless specifically
approved in writing by the Committee and as
otherwise provided by applicable law. (P)
S ·
Each and every covenant, condition, and easement
herein imposed may be enforced by the undersigned
or by the owner of any lot by appropriate
proceedings at law or in equity against any party
violating or attempting or threatening to violate
the same.
t. Manufactured Homes shall not be permitted. (P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
05SN016&
In Bermuda Magisterial District, WACHOVIA BANK, N. A.,
EXECUTOR UNDER THE WILL OF HAZEL B. COPLEY, requests rezoning
and amendment of zoning district map from Agricultural (A) to
Residential Townhouse (R-TH) with Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
Residential use of up to 8~0 units per acre is permitted in a
Residential Townhouse {R-TH) District. The Comprehensive
Plan suggests the property is appropriate for mixed use:
corporate office and multifamily residential uses and for
single family residential use of 1.01 to 2.5 units per acre.
This request lies on 125.1 acres fronting approximately 2,200
feet on the north line of Iron Bridge Road approximately 400
feet west of West Hundred. Road; and fronting approximately
700 feet on the south line of Iron Bridge Road approximately
700 feet west of West Hundred Road; and also fronting in two
(2) places, for a total of approximately 600 feet, on the
south line of Ecoff Avenue across from Ecoff Elementary
School. Tax IDs 784-654-7098; 784-655-4291 and 9085 (Sheet
26).
05-355
04/27/05
Ms. Jane Peterson presented a summary of Case 05SN0164 and
stated, in addition to Residential Townhouse development with
a Conditional Use Planned Development to permit a mix of
residential and non-residential uses, the applicant is also
seeking a waiver to the street connectivity policy for relief
from the requirement to connect to Elfinwood Road. She
further stated the master plan divides the parcel into three
tracts, and Tract A has been divided into three land bays.
She stated uses in Tract C would be limited to Corporate
Office 0-2 uses; and Tract B could be Corporate Office uses,
townhouses and detached single-family residential uses,
provided that they are located a minimum of 300 feet from
Route 10. She further stated Tract A has been divided into
three land bays: Land Bay 1, which would be limited to
detached single-family dwelling units occupied by persons 55
years or older with a minimum lot size of 5500 square feet, a
minimum setback of 110 feet from the western property line,
and a 70 foot buffer within the setback. She stated Land
Bays 2 and 3 could be developed for townhouses or detached
single-family units. She further stated staff recommended
approval of the rezoning request subject to the applicant
addressing concerns relative to connectivity and focal point
areas. She noted the request complies with the densities
recommended by the Chester Village Plan; addresses the impact
on capital facilities; and provides superior development
standards to those suggested by the Plan. She stated staff
recommends that the size of the focal points be increased and
does not support waiver of the street connectivity
requirements. She stated the Planning Commission, on a three
to two vote, recommended approval of the request, noting that
it provides for superior development standards to the zoning
suggested by the Plan; represents infill development;
addresses traffic needs with the proposed dedication and
construction of the north-south arterial; and addresses the
impact on capital facilities. She further stated the Planning
Commission unanimously recommended that the connectivity
policy be waived, indicating that street connection between
the two types of development would not be warranted.
In response to Mr. Miller's question, Mrs. Peterson stated
the focal point is a provision of open space located in the
project to provide an announcement to the entrance of a
project. She further stated it is generally hardscaped for
the purpose of a gathering space and providing a centrally
located open space common area. She stated staff generally
looks for a provision of at least three-quarters of an acre,
noting that the applicant has proffered one-half acre minimum
focal points.
Mr. Barber called forward Ms. Kitchen and Mr. Trammell to
address the impact of the proposed development on schools.
Ms. Kitchen stated the proposed development would generate a
total of approximately 111 students.
Mr. Trammel stated the Plan would allow for approximately 200
apartment units, 250 single-family homes and 150 multi-family
units on the southern portion of the property, which would
result in 204 students, based on the county's averages of
school children per dwelling unit. He further stated this is
an unacceptable amount of students. He stated, from the
schools perspective, the proposed development is much better
05-356
04/27/05
than what could be developed on the property, based upon the
recommendations of the Chester Village Plan.
Mr. King inquired whether Mr. Trammell anticipates any
traffic issues at Ecoff Elementary School as a result of the
proposed development.
Mr. Trammell inquired whether the Board could legally not
allow any housing development on the property, or whether the
zoning can be changed from R-12 to R-25.
Mr. Micas stated rezoning and reducing the density is
considered downzoning and creates special problems. He
further stated an individual downzoning is not favored by the
courts.
Mr. Trammell stated the school system supports less
residential development and more businesses for the tax base,
resulting in less children in the school system. He further
stated, if asked to compare what is possible under the
current Chester Village Plan and the proposed development,
the school system supports the proposed development because
there will be a lot less students.
Mr. King inquired whether Mr. Trammell would rather see R-12
zoning with single-family dwellings or what is being
proposed.
Mr. Trammell stated he has indicated to all Board members
that he does not want to see any additional apartments
because they drain the county's resources. He further stated
he would prefer residences as opposed to apartments.
Mr. King inquired whether Mr. Trammell would classify
individually owned townhouses with restrictive covenants as
apartments.
Mr. Trammell stated the school system would prefer
individually owned townhouses with restrictions on the number
of bedrooms to single-family dwellings because the projected
number of students would drop from 204 to 111.
In response to Mr. King's question, Mr. Trammell stated there
is no question from a school perspective that the proposed
development is much better than what the Plan would allow on
the subject property.
Mr. Warren expressed appreciation to Mr. Trammell for
acknowledging the impact of residential development on the
school system.
In response to Mr. Warren and Mr~ Miller's questions, Mr.
Trammell stated the proposed development would offer a more
acceptable solution to school impact issues than what would
be allowable under the Chester Village Plan. He noted that
one of the projects approved in the bond referendum was
renovation of Ecoff Elementary School, wlhich would provide
100 to 160 additional seats. He stated, with the additional
capacity, the school could accommodate students from the
proposed development, but not from a project that would be
allowable under the Plan.
05-357
04/27/05
Mr. John Easter, representing the applicant, stated, in
addition to large community meetings, the applicant also held
smaller meetings with immediate adjacent property owners, and
the proposal was modified to add age-restricted single-family
homes in response to concerns expressed by adjacent property
owners. He provided details of the proposal, including
office development south of the creek and progressing to
residential development north of the creek, to include
single-family cluster homes with a minimum of 2,100 square
feet; townhouses with a minimum of 1,700 square feet; and
townhouses with a minimum of 1,500 square feet.
Discussion ensued relative to what potentially could be
allowed under the Chester Village Plan on the subject
property.
In response to Mr. Miller's question, Mr. Easter stated
multi-family would not be allowed under the current request.
He further stated, although the applicant acknowledges that
the proposal does not meet the 12,000 square foot lot minimum
recommended by the Plan, it is important to note that the
proposal offers a quality design; minimum dwelling sizes of
2,100, 1,700 and 1,500 square feet; building materials of at
least 50 percent brick or stone; 50 percent of garages side
or rear loaded; sidewalks on both sides of the road; enhanced
crosswalks on Route 10, subject to Virginia Department of
Transportation (VDOT) approval; street trees; and enhanced
landscaping.
Mrs. Humphrey stated she doubts VDOT will allow paved
crosswalks on Route 10 and inquired whether the developer
considered providing paved crosswalks across Ecoff Avenue.
Mr. Easter stated crosswalks along Ecoff Avenue were not
specifically discussed, and noted the applicant does not own
all of the property that would accommodate a connection to
the school. He further stated the applicant has agreed to
place a sidewalk from the north-south road along the Ecoff
Avenue frontage that would start a connection, and if the
adjacent property were to be sold or redeveloped, the
connection could be completed and a crosswalk provided. He
continued to review amenities that make the proposal a
quality design, including 50- and 70-foot buffers; a i10-foot
setback off the property lines of Lakewood Farms; four acres
for open space/recreation area, with a one-half-acre focal
point in each of the three land bays. He stated it is
difficult to provide a three-quarter-acre focal point in each
of the land bays; therefore, the applicant has agreed to
provide four acres overall, which actually surpasses the
acreage required by staff. He stated the applicant has
agreed to provide paved driveways; specialized design for the
office portion of the development; restrictive covenants; and
a limited number of bedrooms and units in the townhouse
groups.
Mr. Miller expressed concerns relative to the possibility of
modifying restrictive covenants after they have been
recorded.
Mr. Easter stated the developer believes the quality
enhancements being provided will guarantee a good
development. He further stated the architectural treatments
of the office portion of the development will be compatible
05-358
04/27/05
with either the Old Stage Office Building or Chester Medical
facility. He provided a comparison of traffic that will be
generated by the proposed development with a potential
single-family development on 12,000 square feet lots,
indicating that 1,380 trips per day will be generated by the
residential portion of the property as opposed to 1,700 trips
per day for single-family development. He stated the
proposed development would generate approximately 42 school-
aged children, as opposed to 90 for a single-family
development on 12,000 square foot lots, noting that he did
not take into account the potential for development of multi-
family units on the southern portion of the property. He
stated the applicant is still paying the full cash proffer,
although the development will be generating only half the
number of students.
Mr. Miller expressed concerns relative to converting the
townhouses for sale to rental units and not restricting the
age on the single-family cluster development.
Mr. Easter stated the applicant has proffered a condition
that restricts age on some of the single-family homes. He
further stated he knows of no way to keep an individual who
purchases a townhouse from renting the unit. He stated the
townhouse definition is based on individual units on
connected lots, not necessarily whether they are owner
occupied or rental.
Mr. Micas stated there are significant legal issues for
attempting to control the rental of dwelling units through
zoning, and staff would not recommend this.
Mr. Easter stated the developer has no intention of selling
the townhouses as rental units. He further stated benefits
of the proposed development, as opposed to the potential
under the Plan for 12,000 square foot lots, include the same
density; less traffic; less school children; minimum dwelling
sizes; buffers and setbacks; design standards and amenities;
and limits Route 10 development to office use with design
standards. He then addressed the connectivity issue, stating
that connectivity to Elfinwood Road is not necessary because
there is adequate dispersal of ways out of the proposed
development; there are three ways out of the existing
Lakewood Farms/Buxton development; and there are 54 lots with
a single entrance, which is just barely above the Fire
Department's 50-lot maximum.
Mr. Barber called for public comment.
Mr. Muddappa Rangappa, a resident of Lakewood Farms, provided
the Board with a petition signed by 43 residents requesting
that the requirement for connection from the proposed
development to Lakewood Farms be waived. He stated there are
three major connections proposed for the property, and it
would take much more time to maneuver fire trucks through
Lakewood Farms to reach the property than it would to enter
the proposed development from Route 10.
Mr. Raymond Hevenner, Sr. stated he believes property rights
are paramount. He further stated he believes the residents
would be far more dissatisfied if the property were developed
with what is allowed under the Chester Village Plan than with
the proposed development. He suggested that the Board
05-359
04/27/05
support the proposed development, indicating that he believes
it has been researched diligently.
Mr. George Emerson expressed concerns relative to the need
for affordable housing in the county for older residents and
younger people who are trying to get started.
Ms. Phyllis Bass expressed concerns that the developer has
not addressed the existence of wetlands. She requested that
the Board either deny the request or defer it for 90 days to
allow time to amend the current Plan. She stated the
proposed development does not conform with current or future
Chester Village Plans, which calls for no additional multi-
family housing. She expressed concerns relative to the
number of multi-family homes in the vicinity of the proposed
development. She stated the majority of the citizens are
adamantly opposed to the rezoning request, and approximately
150 people who were present at the meeting stood in
opposition to the request.
Mr. King stated everyone agrees there are too many apartments
in Chester.
In response to Mr. King's question, Ms. Bass stated she did
not support the three-story apartments being built adjacent
to the Copley tract.
Mr. King stated Planning Commission minutes reflect that Ms.
Bass was the only speaker durinH the zoning case relative to
the three-story apartments, and she supported the
development.
Mr. Dave Young stated he does not believe it is a good idea
to open up a new street directly across from Ecoff Elementary
School. He expressed concerns relative to capacity and
enrollment issues at elementary, middle and high schools in
the vicinity of the proposed development. He stated he
believes the Board should look at the impact of development
on schools collectively, rather than one project at a time.
He suggested that the county adopt a strategy for population
control and management.
Mr. Jim Althouse, a resident of Rolling Brook Road since his
retirement from military service, stated he was attracted to
Chester because of the ability to drive through it unimpeded.
He further stated Chester is the eastern gateway to the heart
of Chesterfield County and inquired why the county would clog
this gateway with additional traffic. He referenced the
Chester Village Plan and stated plans that are not flexible
are doomed to failure. He stated it is obvious that the Plan
should be changed. He expressed concerns that, although many
citizens voiced their opposition to the proposal, the
Planning Commission recommended approval. He requested that
the Board not ignore its constituents and deny the request so
that Chester does not expand out of control.
Ms. Angela Kruckel, a senior at Thomas Dale High School,
expressed concerns relative to crowded conditions in the
schools. She stated she views townhouses as expensive
apartments and would prefer to see homes and neighborhoods in
the county rather than apartments.
05-360
Mrs. Pat Hubbard-Parham expressed concerns relative to the
erosion of Great Branch Creek because of area development.
She stated she feels the proposal represents too much
development for the amount of wetlands on the property,
indicating that too much drainage and high-density
development would damage this very fragile creek.
Ms. Kathy Geary, a resident of Ivywood Road, expressed
concerns relative to additional traffic on Ecoff Avenue as
well as overcrowding of schools.
Dr. W. Robert Floyd, a resident of Chester Village since
1968, stated he has devoted countless hours to serving his
community. He further stated the most important thing the
Board must deal with is not numbers and figures and highways,
but citizens' trust. He expressed concerns relative to the
true ownership of the Copley property and the lack of
coordination with the Army Corps of Engineers regarding
wetlands on the property. He requested that the Board deny
the rezoning request because the proposal does not adequately
address wetlands, overpopulation or transportation and
violates the Chester Village Plan and the express will of the
Chester residents. He expressed concerns that the Bermuda
District Planning Commissioner Jack Wilson indicated that
single-family homes are not an option, and stated the
residents feel they have not been well served.
Mr. Tim Dirr, a lifelong resident of Chester, expressed
concerns relative to personal attacks at community meetings
on Mr. Jack Wilson and Mr. King, indicating that they are
malicious and without merit. He stated citizens knew before
electing Mr. King that he was principled in property rights,
and they should not expect him to yield to the attempt of mob
rule. He further stated he believes the Board has been
honest and fair and is applying smart growth.
Ms. Judy Stoneman expressed concerns that the Army Corps of
Engineers has mapped the wetlands on the subject property
differently than those presented by the developer. She
stated at least 55 acres of the property is not currently
usable, and she believes this is a major issue that needs to
be resolved before determining what can be developed on the
property. She expressed concerns that meetings were held
with residents of Lakewood Farms that did not include the
Ecoff Avenue residents, and that the project includes a ll0-
foot ]Duffer to the homes on Teterling Road and only a 50-foot
buffer to the homes on Ecoff Avenue. She stated the Chester
Village Plan calls for same-like structures as currently
exist. She expressed concerns that conditions were added on
the same day as the Planning Commission's hearing of the
case, with no citizen input. She stated she does not believe
the proposed development will benefit the residents of
Chester.
Ms. Michelle Rayman, a student at Thomas Dale High School,
expressed concerns relative to a road connection from the
proposed development to Elfinwood Road in Lakewood Farms;
overpopulation of schools; and additional traffic. She
stated townhouses will result in a larger number of residents
than single-family homes, and this will further add to the
issue of overpopulation in general. She further stated
Chester is a beautiful environment with great people, and she
hates to see the public so upset about the way things are
05-361
04/27/05
changing. She stated she does not believe the public has
really been heard.
In response to Mr. Barber's question, Ms. Rayman stated she
heard about the zoning case from a friend.
In response to Mrs. Humphrey's question, Ms. Rayman stated
she plans to return to Chester after college and would like
to have affordable housing.
In response to Mr. Warren's question, Ms. Rayman stated she
believes the current residents should have a voice about what
should be developed around their homes. She agreed with Mr.
Warren that residents should have the right to protect their
property and have a good quality of life.
Mr. Bill Sheldon, a Chester resident, stated he does not
support mass development and, although he would like Chester
to remain a quaint little place, this is a selfish attitude
because he cannot deny other people moving into the community
in order to get a piece of what he has. He further stated he
believes the proposal represents a quality project that will
provide balanced growth.
Mr. Ralph Jones, a resident of Lakewood Farms, expressed
concerns relative to imbalance of the tax base ratio of the
commercial industry versus residential in the county,
indicating that he believes at least one-third of the tax
base should result from commercial industry. He expressed
concerns that wetlands on the property have not been
addressed and that the Chester Village Plan is under
revision, and stated he believes additional homework needs to
be done before a decision is made on this request.
Mr. Tom Bass, a lifelong resident of Chesterfield County,
stated he is one of the 50 ~unidentified owners" of the
subject property. He further stated the owners have a right
to sell their property in accordance with county ordinances.
He stated, when the county acquired a sewer easement on the
property in 2001, the property was assessed in excess of
$500,000, indicating that the assessment clearly was based on
development of the property.
Mr. Charlie Yonce, a former resident of Chesterfield, stated
he and his mother are also owners of the property. He
requested the Board's approval of the request.
Ms. Linda Butler, an owner of the subject property, stated
she believes the project will be good for the county and
requested the Board's approval.
Ms. Debbie Girvin, President of the Chesterfield County
Chamber of Commerce, stated the Chamber supports well-planned
blended growth throughout the community.
Ms. Marleen Durfee, Executive Director of the Task Force for
Responsible Growth, stated the task force recommends deferral
of the request until the Chester Village Plan has been
revised. She further stated it is paramount for the Board to
protect the health, public safety and welfare of its
citizens. She stated the citizens have spent a great deal of
time making recommendations for this Plan, indicating that
they want development to conform to Plan densities or provide
05-362
04/27/05
transition to existing development and they do not want
multi-family development. She expressed concerns that the
proposed development does not represent what the community
wants or needs. She c~lestioned the need for new townhouses
and stated there are no guarantees to keep them from turning
into a multi-family situation. She expressed concerns
relative to compromising of the open space requirement. She
stated it is unfair to provide 110 feet of buffering on one
side of the development and only 50 feet on the other side.
She expressed concerns relative to the negative attitude
towards single-family development of the property, indicating
that single-family is only a problem when too many units are
approved. She stated she believes the proposal represents
the wrong design in the wrong place at the wrong time. She
further stated development on this property could be a lot
better, and the Board must be willing to listen to the
citizens and understand their concerns.
Mr. Bonds Agnew, a resident of the Gay Farms Subdivision,
stated he believes this meeting is premature and a waste of
time if a complete study has not been made of the wetlands
and endangered species on the subject property during dry and
wet conditions.
Mr. Roger Habeck, a resident and business owner in Chester,
stated developers design proposed land uses, not the Board of
Supervisors; therefore, the Board must deal with projects
that are brought to them by developers. He further stated it
is important for citizens to understand that issues such as
the placement of dwelling units and roads, number of possible
units, and wetlands are all determined during the site plan
process rather than at the time of zoning. He stated it is
the county's responsibility to inform the citizens regarding
the chronology of the process. He further stated land use
plans are merely a list of preferences, and he has never seen
a plan survive more than three months before it starts to be
modified. He stated the developer has brought a proposal
forward, listened to the citizens and made a tremendous
number of changes. He further stated if the zoning request
is approved, the citizens will have another opportunity for
input during the site planning process when most of the
issues raised tonight will be addressed. He stated people
want smart growth, and noted the 30 percent increase in
assessments indicates there is a shortage of houses. He
further stated if $200,000 is the cost of a starter home in
the county, then developers need to get started
building more affordable houses. He stated the proposed
development offers a lot of variety, and there is a need for
additional age-restricted housing in the county. He further
stated townhouses are not multi-family housing - they are
single-family residences. He stated the proposed development
will clearly improve traffic in the area rather than making
it worse by providing a major thoroughfare to Route 10. He
further stated the Board cannot stop development, but it can
steer it, acquire money for infrastructure, and offer
incentives for growth in areas that are not so concentrated.
He stated Chesterfield is a beautiful community with good
schools and a healthy economy, and people are going to move
here. He further stated it is important for the Board to
approve the best designed projects whenever possible to get
the most for the community out of the process.
05-363
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There being no one else to speak to the request, the public
hearing was closed.
Mr. John Easter provided details of projects approved through
the bond referendum on the high school, middle school and
elementary school levels in the vicinity of the proposed
development. He stated neither Ecoff Avenue nor Route 10 has
a transportation capacity issue. He further stated wetlands
will be addressed during the site plan process, and the unit
numbers will decrease if necessary as a result of wetlands.
He stated a proffered condition requires that less runoff be
released from the property after development than prior to
development, thus the drainage issue should improve. He
further stated the age-restricted homes were added to the
proposal as a result of concerns expressed by adjacent
property owners. He stated the applicant offered to meet
again with Ecoff Avenue residents after the Planning
Commission meeting to address any remaining concerns, and no
one chose to do so. He further stated zoning decisions
should be made based on principles rather than numbers, and
stated he believes this project is actually better than what
is called for in the Chester Village Plan.
In response to Mr. Warren's inquiry regarding Mr. Easter's
view on whether the project represents the wrong design in
the wrong place and does not represent smart growth, Mr.
Easter indicated that he disagrees. He stated there will be
a large portion of open space because of the amount of
clustering and wetlands; development will be concentrated in
the center of the property; and the appearance will be
buffered from existing residential development. He stated he
believes it represents the right development in the right
place, indicating that density is a good thing and prevents
sprawl when projects are done correctly.
Mr. Barber stated it is clear to him that the proposal
represents marked improvements when addressing the issues
raised by the citizens compared to what could be proposed
under the Plan.
Mrs. Humphrey stated the county imposed a large fee upon the
Copley Estate as a result of the sewer assessment district
necessary to provide sewer to Community High School, thereby
triggering the need for the family to deal with the property.
She expressed concerns that the developer will have to deal
with significant wetlands.
In response to Mrs. Humphrey's question, Mr. Turner stated a
sign will be posted and notice sent to adjacent property
owners on the commercial portion of the property during the
site planning process. He further stated, during the
tentative subdivision process on the residential portion,
signs will be placed on the property.
Mr. Easter stated the applicant has also proffered a
condition to provide notice to specific property owners in
Lakewood Farms regarding the tentative subdivision process.
He further stated the applicant would agree to provide notice
to all adjoining property owners.
Mr. King apologized to Mr. Meade Conyers, who was present at
the meeting, for not meeting him to view the animals that
live on the subject property. He further stated that, other
05-364,
04/27/05
than not meeting Mr. Conyers, he has done everything he could
and honored all of his commitments. He stated his campaign
promises structured around property rights. He requested
that citizens seek the truth by reviewing the facts and not
accepting gossip and hearsay and expressed concerns that both
he and Mr. Jack Wilson have been treated grossly unfair by
the citizens. He stated the Bermuda District School Board
member supports the project over what could be built under
the Plan, and the same issues with school overcrowding exist
today as they did in 1954 when he attended the first grade at
Chester Baptist Church. He further stated both the Planning
Commission and staff has recommended approval. He expressed
concerns that 200 rental units would be allowed under the
Plan, indicating that they have been replaced with offices
that will provide jobs for the citizens. He stated Mr.
Wilson has crafted additional buffers for the adjacent
property owners who will be most impacted by the proposed
development. He further stated the developer has considered
the concerns of those who have worked most closely with the
Chester Village Plan, by adding sidewalks on both sides of
the street and green space. He stated the townhouses will
cost no less than $200,000 and will have restrictive
covenants. He further stated the county's consideration for
waiving connectivity does not violate ordinances, but offers
an opportunity to honor the neighbors' requests. He stated,
regardless of how it is being portrayed, smart growth is
being applied and the proposed development represents a
better project than the Plan calls for.
Mr. King then made a motion, seconded by Mr. Barber, for the
Board to approve Case 05SN0164 and accept the proffered
conditions.
Mr. Barber stated he would prefer to vote on the issue of
connectivity before voting' on the zoning case. He further
stated he typically does not support waiver of connectivity,
but in this case, a thoroughfare road is being built that
does a better job of connectivity than the simple stub road
might have done from one subdivision to another.
On motion of Mr. King, seconded by Mr. Barber, the Board
approved the request for waiver to street connectivity
requirements for Case 05SN0164.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Mr. Miller stated it is clear to him that this project is
better than what could have been proposed. He further stated
he appreciates the sincere feelings of the community;
however, the Board cannot subject a person's property rights
to the will of the majority opposed. He stated the proposed
development has been well crafted with a stringent set of
proffers and conditions, and he will support the motion.
Mr. King clarified that the intent of his motion for approval
was to include conditions as well as proffered conditions.
Mr. Barber called for a vote on the motion of Mr. King,
seconded by Mr. Barber, for the Board to approve Case
05SN0!64 subject to the following conditions:
05-365
04/27/05
o
Driveways. Within the residential portion of the
Property, all private driveways shall be hardscaped.
Within Land Bay 1, all lots shall have driveways paved
with concrete, cast concrete, or brick pavers, and each
driveway shall have a minimum length of 18 feet. (P)
Restrictive Covenants. The following provisions shall
be contained in restrictive covenants that shall be
recorded for the Single Family Dwelling units within
Land Bay 1:
No lot shall be used except for single-family
purposes, and no lot shall, after its original
conveyance, be subdivided into smaller lots or
parcels. No structure of a temporary character,
trailer, mobile home, basement, tent, shack,
garage, barn or other outbuilding shall be used on
any lot at any time as a residence either
temporarily or permanently.
No buildings, sheds, decks, or any other type of
obstruction (e.g., dog pens, bench, table) shall be
erected or placed in the 70 foot buffer area
adjacent to Teterling Road and Karma Road.
No dumping of trash will be permitted in the 70
foot buffer area.
Screening around the back of the homes will provide
complete visual separation of outside storage, or
trash collection storage areas so as not to be seen
by adjoining Teterling Road and Karma Road
residents.
Only one residence shall be erected or placed on a
single lot.
Except as otherwise provided by applicable law, no
antenna, aerial or device of any kind used for the
purpose of transmitting or receiving radio,
television, microwave or satellite signals shall be
placed or erected on any lot or on the exterior of
any residence or any other building or structure
thereon so as to be seen by Teterling Road and
Karma Road residences.
No clothes line or other clothes drying apparatus
shall be permitted.
No nuisance, obnoxious, or offensive activities
shall be permitted to exist or operate upon any
portion of any property so as to be determined to
or interfere with any other property in the
vicinity thereof or to its occupants.
No lot shall be used or maintained as a dumping
ground for rubbish, trash, or garbage. Nor shall
any of the above be kept on any lot except in
sanitary containers, in the rear of the yard. The
containers must be screened from the view of the
adjacent Teterling Road and Karma Road residents.
j. Utility storage sheds or tool sheds shall have an
05-366
04/27/05
exterior texture and color that matches the
exterior texture and color of the residence on said
lot and must be attached to the residence.
k. No chain link fences shall be permitted. (P)
o
Design Elements in Land Bay 1. Within Land Bay 1, all
dwellings shall meet the following design requirements:
At least one of the following design elements shall
be incorporated into the design of the homes: quoin
treatment, soldier courses of brick, keystones,
capstones, ornamental windows, ornamental louvers,
dormers, pediments shutters, columns, or variations
in front facades such as bays, stoops, or gables.
Roofs shall be constructed of 25-year dimensional
shingles, grand manor shingles, copper, or standing
seam metal roofing; and
Ail dwellings :shall have covered front entry
porches; porch railings shall be metal, aluminum,
or PVC; and porch foundations and/or floors shall
be brick, stone, pavers, stamped concrete, or
exposed aggregate. (P)
Access to Route 10. Prior to issuance of a building
permit for any dwelling unit, access from such unit to
Route 10 shall be provided via the North/South
Collector. (T)
o
Sidewalks. Sidewalks shall be provided along both sides
of all streets internal to the residential development,
along the property line adjacent to Route 10, along one
side of the proposed residential collector road running
from Route 10 to Ecoff Avenue, and along the south side
of Ecoff Avenue across Tax ID 7846554291. A pedestrian
path that is open to the public shall also be provided
by the Developer generally along the other side of the
collector road running from Route 10 to Ecoff Avenue.
The exact treatment and location of these sidewalks and
the pedestrian path shall be approved by the Planning
and Transportation Departments at the time of site
and/or subdivision plan review. (P&T)
And, further,
conditions:
the Board accepted the following proffered
The applicant in this rezoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950) las amended) and the
Zoning Ordinance of Chesterfield County, for itself (the
'%Applicant~) and for its successors or assigns (the
~Developer~), proffers that the property under consideration
(the '~Property") will be developed by the Developer according
to the following proffers after approval by the County of any
required plat or permit, and if, and only if, the rezoning
request submitted herewith is ~ranted with only those
conditions agreed to by the Applicant and developed as
hereinafter provided. In the event this request is denied or
approved with conditions not agreed to by the Applicant, the
proffers shall immediately be null and void and of no further
force or effect.
05-367
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o
o
o
Master Plan. The Textual Statement, dated March 9,
2005, and the Zonin9 Plat prepared by The Engineerin9
Groupe, Inc., dated February 23, 2005 (the ~Zonin~
Plat"), shall be considered the Master Plan. The exact
location and size of the tracts shown on the Zonin9 Plat
may be modified, provided that:
so
Corporate Office (0-2) uses shall only be permitted
on those portions of the Property located south of
the east-west trendin9 swale shown on the Zonin9
Plat, and shall not exceed 30 acres; and
bo
Residential Townhouse (R-TH) and detached single
family dwellin~ uses, as well as accompanyin~
recreation areas and model home, shall not be
permitted within 300 feet of Route 10. (P)
Public Water and Wastewater: Public water and
wastewater systems shall be used. Prior to the approval
of any site, or tentative subdivision, plan for the
Property, an overall water and wastewater plan for the
entire site shall be submitted for review and approved
by the Utilities Department. The overall plan shall
include the followin~ water lines:
ao
a sixteen (16) inch water line alon9 the north side
of Iron Bridge Road for the entire road frontage of
the Property; and
a twelve (12) inch water line alon~ the proposed
on-site "collector road" to loop the aforementioned
sixteen (16) inch water line with the existin9
twelve (12) inch water line alon~ Ecoff Road.
In the event the Developer is unable to acquire any
offsite easements necessary for these water lines, the
Developer may request, in writing, the County to acquire
such easements as public improvements. All costs
associated with any such acquisition by the County shall
be borne by the Developer. In the event the County
chooses not to assist in acquisition of such offsite
easements, the Developer shall be relieved of the
obligations imposed under this paragraph and shall
provide the improvements that can be constructed within
available easements. (U)
Timbering. Except for timberin~ approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
En~ineerin~ Department and the approved devices have
been installed. (EE)
Maximum Density. The maximum density of dwellings to be
constructed on-site the Property shall not exceed 2.5
units per acre for that portion of the property devoted
to residential development. (P)
Minimum Dwellin~ Size. The minimum gross floor area for
dwelling units in Land Bay 1, as shown on the Zonin9
Plat, shall be 2,100 square feet; the minimum ~ross
floor area for dwelling units in Land Bay 2 shall be
05-368
04/27/05
o
°
°
10.
11.
1,700 square feet; and, in Land Bay 3 and Tract B, at
].east fifty (50) percent of the units shall have a
minimum gross floor area of 1,700 square feet, and the
remaining units shall have a minimum gross floor area of
1,500 square feet. Any lot on which a dwelling unit
having less than 1,700 square feet gross floor area may
be located shall be so designated on the subdivision
plat. (P)
Building Materials. Dwelling units shall be constructed
with materials as follows:
The exposed portion of each exterior wall surface
(front, rear and sides) of any building, excluding
windows, doors, breezeways, other architectural
design features, and rooftop screening materials
for mechanical equipment, shall be brick veneer,
stone veneer, vinyl siding, fiber-cement siding,
EIFS, or a combination thereof.
The visible portions of exterior building
foundations shall be constructed of brick or stone
veneer.
(2.
At least fifty (50) percent of the front facade of
each principal building and any end facing a
parking area or public or private road of each
principal building, excluding the foundations,
shall be brick or stone veneer. (P)
Drainage. Stormwater facilities shall be designed so
that the 10-year post-development storm is retained on
the Property and released at the 2 year pre-development
rate. (EE)
Garages. Within each portion of the Property designated
for townhouses, a maximum of fifty (50) percent of
garages shall be front-loaded. Within each portion of
the Property designated for detached single family
dwellings, all dwellings shall have, at minimum, a one-
car garage containing' a minimum of 200 square feet in
area, and the visual impact of garage doors facing the
street shall be minimized through the use of
architectural fenestration, dimensional textures,
location, and/or orientation. (P)
Age Restricted Units within Land Bay 1. Dwelling units
in Land Bay. 1 shall be age restricted and shall meet the
requirements for ~age 55 and older housing", as set
forth in Section 3607 of the Fair Housing Act, 42 USC
Section 3601 et seq., as amended by the Fair Housing
Amendments Act of ].988, and of 24 CFR Section 100.304 in
effect as of the date of the Rezoning (hereinafter ~Age-
Restricted Units"), and shall be subject to the
occupancy requirements that no person under 19 shall
reside in each unit. (B&M)
WITHDRAWN
Enhanced Crosswalks. Subject to approval by VDOT of
traffic signalization of the intersection of Route 10
and the North/South Collector and of the installation of
enhanced pedestrian crosswalk(s) across Route 10 at that
05-369
04/27/05
12.
13.
14.
15.
16.
intersection, the Developer shall be responsible for
constructing such enhanced crosswalk(s) across Route 10
at that intersection at such time as the traffic signal
is installed. The enhanced crosswalk(s) shall be
composed of stamped concrete, stamped asphalt, or such
other material as may be approved by VDOT, and the exact
location and design of such crosswalk(s) shall be
approved by the Transportation Department. (T)
Street Trees. Within the residential portion of the
Property, street trees shall be planted along each side
of the interior roads. If existing trees are
maintained, they may be counted toward this requirement.
(p)
Landscaping. Within the residential portion of the
Property, landscaping shall be provided around the
perimeter of all buildings, between buildings and
driveways, within medians, and within common areas not
occupied by recreational facilities or other structures.
Landscaping shall comply with the requirements of the
Zoning Ordinance Sections 19-516 through 19-518.
Landscaping shall be designed to: minimize the
predominance of building mass and paved areas; define
private spaces; and enhance the residential character of
the development. The Planning Department, at time of
tentative subdivision review, shall approve the
landscaping plan with respect to the exact numbers,
spacing, arrangement, and species of plantings. {P)
Buffers. A fifty (50) foot buffer shall be provided
adjacent to all Agriculturally zoned (A) property and a
seventy (70) foot buffer shall be provided along the
western line of the Property, as shown on the Zoning
Plat. Such buffers shall comply with Sections 19-520
through -522 of the Zoning Ordinance excluding Sections
19-521(h) and (i), except that, within the seventy (70)
foot buffer, fencing and pedestrian walkways shall not
be permitted and no trees measuring three (3) inches or
greater in caliper shall be removed unless such tree(s)
are dead, diseased or dying. All buffers required by
this proffered condition and by Ordinance shall be
recorded as open space. (P)
Building Setbacks. Ail buildings shall be a minimum of
one hundred ten (110) feet from the western line of the
Property adjacent to the Lakewood Farms Subdivision.
(p)
Open Space/Recreation Area. Open space/recreation area
shall be provided for each Land Bay of the residential
portion of the development, to provide a ~focal point"
in the vicinity of one entry to each Land Bay. The
focal point for the benefit of each Land Bay shall be a
minimum of 0.5 acres, and part of the area shall be
"hardscaped" and have benches and other amenities that
accommodate and facilitate gatherings. The total area
devoted to active and passive recreation within the
residential portion of the development shall be a
minimum of four (4) acres and shall include a clubhouse
area, with a minimum of 1.5 acres. The clubhouse
building and its related amenities shall be developed
concurrently with the first phase of residential
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development. The clubhouse building and its adjoining
active recreational facilities shall be located a
minimum of 500 feet from the property line adjacent to
the Lakewood Farms subdivision. The exact design and
location of the focal points and clubhouse area shall be
approved by the Planning Department at the time of
tentative subdivision review. (P)
17. WITHDRAWN
18.
Notification. The Developer shall be responsible for
notifying by registered, certified or first class mail
the property owners of record with the Department of
Real Estate Assessment for Tax IDs 7836532734,
7836533256, 7836533869, 7836534383, 7836543898,
7836543986, 7836544073, 7836544242, 7836544255,
7836544430, 7836544517, 7836544605, 7836551958,
7836552574, 7836553141, 7836553524, and 7836553711 of
the submittal of any Tentative Subdivision Plan or any
amendment to Case 05SN0164. Such notification shall
occur as soon as practical, but in no event less than
twenty-one (21) days prior to the approval of such
plans. The Developer shall provide the Planning
/Department with evidence that such notice was sent. (P)
19.
Recreational Area Hours. No outdoor recreational areas
shall be open for use between the hours of 11:00 PM and
8:00 AM. (P)
20. Transportation Dedications.
Prior to any site plan approval or in conjunction
with recordation of the initial subdivision plat,
whichever occurs first, one-hundred (100) feet of
right-of-way on both sides of Ironbridge Road
(Route 10), measured from the centerline of that
part of Route 10 immediately adjacent to the
Property, shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County.
ID.
Prior to any site plan approval or in conjunction
with recordation of the initial subdivision plat,
whichever occurs first, a seventy (70) foot wide
right-of-way for a north/south collector (the
"North/South Collector") from Route 10 to Ecoff
Avenue, shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County. The
exact location of this right-of-way shall be
approved by the Transportation Department. (T)
21. Access.
Vehicular and pedestrian access from the Property
to Elfinwood Road shall be prohibited.
Direct access to Route 10 from the part of the
Property located on the north side of Route 10
shall be limited to the North/South Collector and
two (2) entrances/exits. The North/South Collector
shall align a new crossover on Route 10, subject to
VDOT approval of such crossover. All
entrances/exits shall be limited to right-turns-in
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22.
23.
and right-turns-out only. The exact location of
these accesses shall be approved by the
Transportation Department.
Direct access to Route 10 from the part of the
Property located on the south side of Route 10
shall be limited to one (1) entrance/exit. This
access shall align with a new crossover on Route
10, subject to VDOT approval of such crossover.
The exact location of this access shall be approved
by the Transportation Department. Prior to any site
plan approval for any development on the south side
of Route 10, an access easement, acceptable to the
Transportation Department, shall be recorded across
the Property to provide shared use of this access
with adjacent properties.
Direct access to Ecoff Avenue from the Property
shall be limited to the North/South Collector. The
exact location of this access shall be approved by
the Transportation Department.
eo
Prior to any tentative subdivision or site plan
approval, whichever occurs first, an access plan
for the North/South Collector shall be submitted to
and approved by the Transportation Department.
Access for the Property shall conform to the
approved access plan. (T)
Public Roads. In residential tracts, all roads that
accommodate general traffic circulation through the
development, as determined by the Transportation
Department, shall be designed and constructed to VDOT
standards and taken into the State System. (T)
Road Improvements. To provide an adequate roadway
system, the Applicant/Developer shall be responsible for
the following, subject to approval by VDOT:
Construction of an additional lane of pavement
along the westbound and eastbound lanes of Route 10
for the entire Property frontage.
bo
Construction of additional pavement along the
westbound and eastbound lanes of Route 10 at each
approved access to provide separate right turn
lanes, if warranted based on Transportation
Department standards.
Construction of a new crossover on Route 10 to
include adequate left turn lanes along both the
westbound and eastbound lanes of Route 10o The
design and location of these improvements shall be
approved by the Transportation Department.
do
Construction of a two-lane road for the North/South
Collector based on VDOT Urban Collector Standards
(40 MPH), with modifications approved by the
Transportation Department, from Route 10 to Ecoff
Avenue.
ee
Construction of additional pavement along the
North/South Collector at its intersection with
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24.
25.
Route 10 to provide a three-lane typical section
(i.e., one (1) northbound lane and two (2)
southbound lanes), and at its intersection with
Ecoff Avenue to provide a three-lane typical
section (i.e., one (1) southbound lane and two (2)
northbound lanes). The exact length of these
improvements shall be approved by the
Transportation Department..
Full cost of traffic signalization at the Route
10/the North/South Collector intersection, if
warranted, as determined by the Transportation
Department.
Construction of additional pavement along the
North/South Collector at each approved access to
provide left and right turn lanes, if warranted
based on Transportation Department standards.
h.
Construction of additional pavement along Ecoff
Avenue at the North/South Collector intersection to
provide left and right turn lanes, if warranted
based on Transportation Department standards.
Relocation of the ditch along the south side of
Ecoff Avenue to provide an adequate shoulder for
the entire property frontage.
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the Developer is unable to
acquire the ~off-site" right-of-way that is
necessary for such improvements, the Developer may
request, in writing, that the County acquire such
right-of-way as a public road improvement. All
costs associated with the acquisition of the right
of way shall be borne by the Developer. In the
event the County chooses not to assist the
Developer in acquisition of the "off-site" right-
of-way, the Developer shall be relieved of the
obligation to acquire the "off-site" right-of-way,
and only provide road improvements that can be
accommodated within available right-of-way, as
determined by the Transportation Department. (T)
Transportation Phasing. Prior to any construction plan
approval or site plan approval, whichever occurs first,
a phasing plan for the required road improvements, as
identified in Proffered Condition #23, shall be
submitted to and approved by the Transportation
Department. The approved phasing plan shall not require
construction of the following improvements prior to
development of that portion of the Property on the south
side of Route 10: an additional through lane on Route
10 eastbound; a right turn lane on Route 10 eastbound,
or a sidewalk on the south side of Route 10. (T)
Cash Proffer. The Developer, subdivider, or assignee(s)
shall pay the following to the County of Chesterfield
prior to the issuance of each building permit for
infrastructure improvements within the service district
for the Property:
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04/27/05
26.
27.
$11,500.00 per dwelling unit, if paid prior to July
1, 2005; or
The amount approved by the Board of Supervisors not
to exceed $11,500.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2004, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2005.
Provided, however, that if any building permits
issued on the Property are for senior housing, the
dwelling units of which meet the occupancy
requirements for ~age 55 or over" housing as set
forth in Section 3607 of the Fair Housing Act, 42
USC Section 3601 et seq., as amended by the Fair
Housing Amendments Act of 1988, and of 24 CFR
Section 100.304 in effect as of the date of the
Rezoning, and which are subject to the occupancy
requirements that no person under 19 shall reside
in each unit, the amount approved by the Board of
Supervisors, but not to exceed $5,991 per dwelling
unit as adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July
1, 2004 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2005. At
the time of payment, the $5,991 will be allocated
pro-rata among the facility costs as follows: $786
for parks and recreation, $402 for library
facilities, $4,380 for roads, and $423 for fire
stations. Payments in excess of $5,991 shall be
prorated as set forth above.
Should Chesterfield County impose impact fees at
any time during the life of this development that
are applicable to the Property, the amount paid in
cash proffers shall be in lieu of, or credited
toward, but not in addition to, any impact fees, in
a manner determined by the County
eo
In the event the cash payment is not used for the
purpose for which proffered within 15 years of
receipt, the cash shall be returned in full to the
payor. (B&M)
Ecoff Elementary School Safety: The Developer,
subdivider, or assignee(s), prior to the issuance of the
first building permit for a residential dwelling unit,
shall pay $25,000.00 to the County of Chesterfield for
Chesterfield County School safety improvements at Ecoff
Elementary School that may include, but not be limited
to, warning signalization, signage and crosswalks along
Ecoff Avenue. (B&M)
Construction Traffic. No traffic associated with
construction of residential dwellings on the Property
may use Ecoff Avenue for access to or from the Property.
Once access has been established from Tract A, across
the east-west trending swale shown on the Zoning Plat,
to Route 10, no construction traffic of any type may use
Ecoff Avenue for access to or from the Property. (P)
05-37~
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28. Design Criteria and Architectural Treatment for Tracts B
& Co The 0-2 portion of the development in Tracts B & C
of the Zoning Plat shall comply with the requirements of
the Chester Village design criteria found in the
'Development Requirements - Village District' as stated
in the Chesterfield County Zoning Ordinance, as they
pertain to external lighting, street lighting, and
street tree planting. The architectural treatment for
the 0-2 portion of the development shall be compatible
with buildings shown in the photographs attached as
Exhibits A and B. Compatibility may be achieved through
the use of similar building massing, scale, colors, or
other architectural features. Parking for buildings
fronting on Route 10 shall be set back from Route 10 at
least as far as the building served by the parking area.
(P)
29. WITHDRAWN
30.
Limitation on Units in Townhouse Rows. No single row of
attached townhouses shall contain more than five (5)
dwelling units. (P)
31.
Limitation on Bedrooms for Land Bays 2 and 3.
Within
Land Bays 2 and 3, no dwelling unit shall initially be
designed or constructed to have more than three (3)
bedrooms. (BI & P)
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to consider new items after
11:00 p.m.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
16. PUBLIC HEARINGS
16.A. TO CONSIDER AMENDIN~ THE COUNTY'S EMERGENCY RESPONSE
COST RECOVERY ORDINANCE TO ELIMINATE THE PROVISION
RELATIN~ TO DRIVIN~ WITHOUT A LICENSE OR DRIVIN~ WiTH
A SUSPENDED OR REVOKED LICENSE
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider amending the
county's emergency response cost recovery ordinance to
eliminate the provision which allows the county to recover
its reasonable costs incurred for incidents relating to
driving without a license or driving with a suspended or
revoked license. He further stated experience has shown that
the offense of driving without a license has overwhelmed the
program with additional monthly offenses, and the collection
rate for driving with a suspended or revoked license is very
poor. He stated the Police and Fire Departments and the
Treasurer all request that this offense be eliminated from
the ordinance.
Mr. Barber called for public comment.
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No one came forward to speak to the ordinance amendment.
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 13-71 RELATING TO REIMBURSEMENT OF
EXPENSES INCURRED IN RESPONDING TO DUI AND OTHER TRAFFIC
INCIDENTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 13-71 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 13-71. Reimbursement of expenses incurred in resDonding
to DUI and other traffic accidents or incidents.
(a) A person convicted of violating any of the
following provisions shall be liable in a separate civil
action for reasonable expenses incurred by the county or by
any volunteer rescue squad, or both, when providing an
appropriate emergency response to any accident or incident
related to such violation. Personal liability under this
section for reasonable expenses of an appropriate emergency
response shall not exceed $1,000.00 in the aggregate for a
particular accident or incident occurring in the county:
(1)
The provisions of Code of Virginia §§ 18.2-51.4,
18.2-266 or 29.1-738, as amended, or a similar
county ordinance, when such operation of a motor
vehicle, engine, train or watercraft while so
impaired is the proximate cause of the accident or
incident;
(2)
The provisions of Code of Virginia, tit. 46.2, ch.
8, art. 7 (§§ 46.2-852 et seq.), as amended,
relating to reckless driving, when such reckless
driving is the proximate cause of the accident or
incident; and
(3) The provisions of Code of Virginia, tit. 46.2, ch.
3, art. 1 (§§ 46.2-300 et seq.), as amended,
relating to driving without a license or driving
with a suspended or revoked license; and
(3)
The provisions of Code of Virginia, § 46.2-894, as
amended, relating to improperly leaving the scene
of an accident.
(b) In determining "reasonable expenses", the county
may bill a flat fee of $250.00 or a minute-by-minute
accounting of the actual costs incurred. As used in this
section "appropriate emergency response" includes all costs
of providing law-enforcement, fire-fighting, rescue, and
emergency medical services. The court may order as
restitution the reasonable expenses incurred by the county
for fire-fighting, rescue and emergency medical services.
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04/27/05
{c) The police department shall compile a report of the
reasonable expenses of the appropriate emergency response for
each accident or incident and forward that information to the
county attorney's office or the accounting department for
appropriate proceedings. The fire department shall have the
same reporting requirements except for accidents or incidents
for which restitution is sought.
(2) That this ordinance shall become effective May 1, 2005.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
16.B. TO CONSIDER THE APPROPRIATION OF FUNDS RECEIVED FROM
THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES AND
AUTHORIZATION TO EXECUTE RELATED DOCUMENTS
Mr. Hammer stated this date and time has been advertised for
a public hearing for the Board to consider the appropriation
of funds received from the Department of Medical Assistance
Services.
Mr. Barber called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphreys seconded by Mr. Barber, the Board
appropriated up to $10,790,356 from the Department of Medical
Assistance Services and authorized the County Administrator
to execute documents and complete the transaction.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
17. REMAININ~ MANUFACTURED HOME PERMITS AND ZONIN~ REQUESTS
There were no remaining manufactured home permits or zoning
requests at this time.
18. ADJOURNMENT
On motion of Mr. King, seconded by Mr. Miller, the Board
adjourned at 11:12 p.m. until May 25, 2005 at 4:00 p.m.
Ayes: Barber, King, Humphrey, Miller and Warren.
Nays: None.
Lane ;B. Ramsey /
County Administrato ,~/
Edward B. Barber
Chairman
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04/27/05